, 1873-12-27
Formal Demand Of Treasurer O'IIara
for The Deficit.
Which VIII Be Used
In Mr. Gnge's Defense.
Under tho Amended Law He Is Not
Guilty Of Perjury.
Reasons Why 1t Was Well tho Money
1yas Kept in Bnn1is.

preliminary steps wero taking toward bringing
bcforo tho attention Of tho Grand Jury tho de-
falcation Of Alr David y. Gago, reporter callctl
upon Stato'B Attorney Reed aud interviewed him
on tho anbjoot, US follows:
NH. REEDS ADVICE TO o'11AnA.
Rcportor-I understand that Mr.. 0'I1ara ia
about to nuke n demand pro for1na upon Mr..
Gage for the deficit In tho Troaaury.
Mr.. noctl-I naYo directed him to do go. Yes,
sir, ho will make TINT demand.
Ncporter-ln whnt way?
Mr.. nocd-1 hayo directed him to do It IN writ
ing, 10 prosoryo tho evidence. lIo could do it
verbally, ii ho choao.
1soportcr-iAnt if Mr.. dago fails to mako good
tho money?
Mr.. Nccd-1 shall bring tho n,attcr under tho
notice Of the Grand Jury.
, METHOD OF roCEEpIEq.
Roporter-lIow will you proceo1l7.
AIr. lloed-1n two ways: undor tho statute
and under tho charter.
Roporter-Which will be tho castor n,otlod
Afr. Rood-ny tito statute, undoubtedly. That
makes tic caH0 very simple inteod. Tho failure
oil any o!lic,al TO rotrrn to tho authorities tho
moneys iutrllBtca TO him renders lin lablo to
Peuitontinry sentence of from ono to ten ycars.
Hero is Gross Statutes Of 1871, pago 179, Sec.
%:
II any officer Or person who now is or hereafter
may DO authorized by law to collect, dsahurse,
ss lie ssoo a s sate ' 10 Sts @
fa s IT s:y MY to eoy ot tlnHs to I
ro fund Of this State. any county thereof, to
any fund Tor the Improvement OF any public road,
river creek or other watct-courac bordering ur
within thth Stale. Or 10 my other fund.- !l boing,
hereafter to bo established by Law tor public par-
moneys warrants, ny, notes, md orders IL wllcll n,,y
such o'liccr person shall recuvo for disbursement,
a1tl lias nos dshurscd s,nll collect, shall
aH,it nfE Eaht,
this stne, to any county Of .his 5tatc 10 ay audi
fund nforcsai, wlc such olcer or person ehai o
te scccssur successors Of such officer Or person in
Office, by tic o.icur person to whom such
cya Warrants bills, nocs orders oght BY law to 10
ruil over, his or their attorney or ugent, duly
thorizc in writing, nigncd mud acknowledged, If srh
demand bo practicable every Buch officer person
cnl In the Icnitctnry tor my scr not lcss than ono
ion shall be committed tue penitenry under ths
Bection nulcss tue 1nuney not paid oyer ehal
amount 10 SUo II It that such failure refusal
sla 10 occasloned by unavoidable loss aceide,t.
SECTION shall forever thereafter DO Ineligible and dis
qualified trom holding any Office of honor or profit III
this Slate.
neportor-Then you will have no difficulty in
obtaining conviction upon this
Mr. Reed-Gono lit tho world.
THE TuInry-DAY CLAUSE.
kcporter-Wiiat is this proriuon about thirty
days grace heiug allowed by law bcforo auy ac-
Mr.. Necsi--I have been hunting for such pro-
vision all day. I may be wrong, Int neither
birch nor can iiud Que. However, Aln going
right down to Judge Norton, aud think ho eau
tell you.
So 10 Judge Norton, Corporation Counsel, went
b1r. 1iood nnd Lilo reporter.
Alr. Iocd--Jut!6r, what III this provision about
thirty days notice before proceeding aguinst
Dave Gage?
ID, 4n1f ri,
which hes been mistaken for it,-it rc!ates to do
faultors holding office. Sec. 60 of tho city
chartcr, pa 20 39l, I,uley's lsoviBca Ordinances,
aud also in SEQ. 20 af tho act Of Fob. l3, 1868
All citizens Of the Urited States qualified to vote ut
at any election held under hs act shall DO qualified to
hold my Office croatcA. by this net, except IN cases
where different provision lnu been herein especially
nlalo; but no prraon shall 10 eligible ~ my olilce
p;ace under this eny uct IN relation to said city
who is now, or may hereafter be- efnultcr to said
s or 70 s st1s pf M o soy ssrsG;
sefo ref tsta or acsec Utility T Utter As denana
orsed to reecyctno same, ;ny pntc .nopey Sshish
may iavo como into his rosEe*ston And il any person
holding y sac otso or place si,all hcSore M =, default
become vacant.
YOU Bco this Inns nothing to do with the caso
Mr.. ltced-No, OF course not. It is simple
enough. Mr.. Gnge MAS lublo when tho oifo,'sc
rEooEEp1Sa UNDER THE ol1AnTEn.
Roportcr-Why snail you proceed undor tho
chatter
hlr Rccd-In caao the Court declares TINT the
charter repeas anything in the stats law; rs be-
pose Of dealing with such caHos.
Roporter-Mlll yol have much moro difficulty
In securing conviction under Liza charter?
| Mr. Rect-No, Bir, because We haye abundant
wlsat manner the moi,uy wanting WAS expended,
| whereas u,ltler tho statute I'LL We need to Ehow
is that 1t wn9 not returned to tho city. There
! you l!nyo tho cuso In d nutshell.
| o'HAAAs FORMAL DEMAND.
Ohcdiont to the buGgcstion of the Stnto'a At
torrey, tho City Treasurer virtually tuok tho
first action i'll tho lega proceedings nguinst tho
| ex-Trcasurcr by making tlio following formal
demand upun him for the deficit:
| g1ry Tn1:AgunE1t's OrEIcE}
| cn1cAuo, 18th December, 1879.
DartI 4. Gage, ;Esq.:
SIR: AErceab!y to tho instructions Of tl1e law al.
requested to demand Of Suu thu deficit af money
bc1ongtug to the City Treasury. amounting to lys
dollurs aud nfty.cght cents ts5u7 u770a.Hs an very
respectfully, DANIEL O'AANA, City Treasurer.
a1n. oAaE'n s1pE OF THE GAZE.
| Tho 0age defalcstlon, Oh III investigation Of
tho tcchnicalitiea Of tho law and .HnEo rrc5onta
sono features wh!cl, aro put fowArd below By a
lawyor OF prominence WHO llnH gtrou much Mt
tonti0n to the case, aud wlio i'll fact represents
Mr. Gago. 1t will 10 Bcon that l.o asciibcB nc
improper intonton to Mr.. Gage, and yiows tic
whole subject from strictly tocl.nlcal polnt oi
yow. AIR. Gage 1intls himself in pec,lliur po.
Htlon by the action Of tho city authortioa rua.
tiyo to tile statla OF tho funds in tile possession
OF the Treasurer 1t Inns been llitliorto corsid.
cred that tho money deposited by hin, in tho
banks, waB tho property If tho city aud ti,nt II
wns pitt into thcso l'aal;s for tho dqubln p,,r-
poso OF keepng,it securely, anl obtaining t!se
interest, for tho lae Ut Tho money, which
the banks would willingly puy. Nov
that roulo Of tho banks aat otllol
institutions to whom tho nancy WAS lont aru III.
able to repay it eall, tho city iuEHts That tose
wore the private funds or Mr. 0aya which wosc
lo,t |'y him. and as!sa for thu whola amount IN
caal which tiloae institutions oalinot now i'ay.
III this Atnto oi aInrs Mr.. Gaga uiTarB to turn
over Nil his property to tho city to reimburse the
temporary loss Of roaly money Which tho ct,
ans.ainu II ho Ind k.,own that touo funds OF
loan wero to bo regarded as lsis own money, he
ouy boing Responsible Tor ll.s production OF the
amount duo to tho city Whom eni!od upon for it.
lIo could lAYn hatl lilo city fIitlH mich ura ti