The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1872-02-02
from the Fort Wayne Sentinel.
The State VIZ. Nathan Kimball.

iu,po tcs on MS an especial duty, from
waiclt we shall not shrink, of challeng-
ing ahd bringing 10 the bar of public
u inius, whatever coming within the
range Of the public press, We regard as
lOl posed t. public good.
We have heretofore. in several arti-
clts, callhsl attention to the State cases
az Indianapolis, instituted by Attorney
tTneral Hanna, 10 recover from certain
ex-Statc officers the profits they have
made ont OF public money in direct and
pc lpablc violation of law.
.Ws yield to no one in our respect for
an independent ard pure judiciary. 1t
is one or the highest safeguards OF -froe-
dom and morality. We would never
knowingly publish or utter a word to
poison the fountains Of public justice.
or TO turn it from its course. Judicial
ac ton, when without warrant of law
is simply the echo Of popular clamor, is
NOT justice, but crime. Better that many
guilty escape than that one innocent
man be wrongly punished through legal
forms, or under color Of law. or than
thst the law he strained to crafty per-
SO lal or partisan malevolencc. We are
nd advocate for judicial legislation for
amy purpose. T"The discretion of a
Judge ls the law Of tyrants." Ifjudicial
discretion or Legislation, so called, is
ever excusablc, it is when IFS aim is to
assert the reason Of the law, which is its
soul. against the strict letter, working
hsrdship or Injustice, or when it aims
TO unfold aud enforce the meaning and
spirit of law. trammclcd or clouded By
crude and unce rtain expressions; but it
is fragrant abuseof judicial power, and
a grave public wrong, when it is used
to defeat the plain meaning and effect
of law, in order to justify or protect the
proved or admitted guilt of men who
have violated public trusts and Official
Oaths for'tlieir own private gain.
Judge Solomon Blair, of the Indian-
apOlis Superior Court, commenced the
new year, destined rs we had hoped to
be illustrious and memorable as year
of revival OF honesty in Office, by de-
cision and judgment I'm the Cat cs Of
the State against Nathan kimball, late
Treasurer of State, and his sure.ies.
Which should attract to Judge Blair nd
the cases decided the earnest attention
of the people of Indiana. This decision
we take IL for granted WIFI Undergo the
scrutiny Of the Supreme Court, but rs It
stands 1t will for time block the wheels
of public justice. unless perchance there
| is yet time to indict aud convict the de-
| linquent Treasurer as felOn.
In argument Judge Blair's decision
is fedo de Sc, and in spirit and effect
defiant Of public justice and morality.
1t is house of refuge for breach of trust,
perjury, felOnious embezzlement, and all
malfeasance in Office. 1t seems to us to
raise directly the question:
Is the State Of Indiana powerless to-
protect itself by any legislation from the
frauds and peculations and perjuries of
its fidiciary and financial officers!
Passing the minor questions, the case
presented was simply this;
Tie State sued kimball and his sure
ties on his official bond, charging him
with o breach of official duty, in this Il
that he had loaned the States money
and received interest on it, and applied
| it to his own use, and had failed to ac-
count for and pay over the money thus
acquired to his successor, as required
by law.
Kimball demurred to this complaint
of the State, thus admitting the facts
charged, but denying the right Of the
State to recover this money.
The case turned upon the statute law
Of the State. lst, The act of 1859 a
Gavin & Hord, p. 646, sec. ], 3, 8. 9, 7.)l
providing Treasury system for the
State, and defining the duties of State
Treasurer; and, I'd, The act Of 1861 &
Gavin 4 Hord, y. 456; sec. /, 8. s, s, de-
fning certain fclonies and misdeman-
ors, aud prescribing their punishment
/ Kimball, in assuming the duties of
State Treasurer, bound himself to obc-
Idience to these laws, by his official oath
and official bond, and it Is impossible,
unless he was lunatic, that he could
have mistaken the language and mean
ling of the statutcs above referred TO.
They could not more clearly have jefin-
ed his duty. They were as clearas sum
light The first act prohibited him from
loaning or using, for his own profit, the
money Of the State, and requiring him
Ito account for the profits il he did. His
demurrer admits the facts charged that
lie did. lie, therefore, committed per-
Jury, and ut the same time violated his
official boud, sad is liable accordingly.
Tie second act 1851 declared that when
lie loaned the States money, or deposit
: ed it in Banks on loan for his own benz
etit, he conMitted felony, and when
he failed to pay over money due to the
State he committed felory, aud when
re paid out the States money on his
private loans without q warrant as re-
Z Qnircd BY law, and when he failed to
: report and Qay'oyer 10 his successor the
E DOnus fee or perquisites he received IL
! thc way of Interest, he committed mis.
y dcmcan0rs.
The cffcct therefore Of Mr.. Kimball's
! demurrer is, that lac stands self-cOnvs!c s!ct
ed before the people Of the Sts..e a
breach Of official trust, perjury, fe.on. .ou
lcmbczzlemcnt and misde.n .,or. :
There u no logical or mora. es.apc 70
this man flosn the dilc.Or.s In whic
J, his greed Of gain has ~ .ced him, an
the crownimg act OF Is iniauity now !,