, 1874-03-27
Since It Was Made Voluntarily, at the
Wrong Time.
Mr.. Reed Gives It Up.

tho mouth Of November fFum twenty.et1 alnereht
natns IN IN al tosSs. Hfter dutoting warrans
On tho Treasury paid during The month Of Noyeaber,
bss f. Ta Ss report sepoit i appended
tho following atnlavit: ..-.
ootl ags y o fersso sf @ %
know Or havo to boieve, il fur, accurate,
and full statement Of tho matter to which It roatoa
aud Of all money in my hands, which |, or any one
for mo. aa received sca ny aa olclal account
rendeted; Gna that have not directly or indirectly
nssa Gse ny ane to ts se osp vss
eouyort to his or their own use, any Of the public
o s e Or
anl ful account thereof in my said foregoing atae
'nen. unl further 'ai:' = got; a,or o,tv rcoaurer
"sworn to and subserIed beforor This uth day Of
Deoember' 1s1s: T.. xo,. r n.,,,r- rot.rv puh,,cp
For making thiB aidayit tho defendant ID indicted
TIE 1rp1drMEnr
4ycra TINT tho defendant Treasurer and tint no
us as the oud Of each month required to report under
oath, ahowing tho state OF tho Treasury Of said city
Ct ss ss ss ts e III e rs
hands Of him, the said dsgc % ech Treasurer Of no
d dsss nsf nsase e
der to eai Comptroller the account last aforesaid a
the end Of the mouth Of Novunaner last aforeaa and
By Inv to render ths said iayt-nnned account afIer-
wards to-wit on tho 9Th day Of December lust atoro-
oaase saa " o s sis
sforesaid ronder 10 te said coptrolor ~ account
s sasa e' u sa sa sseoan Ct n 81 ssov ssa ss' se
{ o Int H. Of &sassS ~ 'sa ~
fa statement q ii naonsSs IN the bands Fl ha, liz
sa ass ss u an
guch Treasurer did on thc ead 9th day Of pecem-
n rssE aa sn aeseE IT, to on1 ~ All
city account under oath Of him. Rntd G1ge as such
Treasurer attached to said account showing tho sate
s sss 'aa an s cns
IT, sa Tessu S y o o sd 1 o. ne
haids @ @ Of him. said Gage, %, such Treasurer,
1t day Tint hs M saa ,bsD Dss o
nnlong othor things In substance and to the effect
Of December in tho ysar ast niorosaid 90 fur hc
tho said 1uge, kuow or had reason 70 boove balance
ns1sSs .a III st msfsty e. q i s@ ss ely IN 81 ~ 5
1a uay Of pocc1noor In the year last aforesaid SO far
y tho sad Gage knew, Or LED reason to believe, lad
Which - seld iast nsmsa aceo,nt, sad s said oath
senderea. rem cto to said t asy NJ such Com ooptroer liz
said oath aud affidavit bclng then ana there attached
sdesa ss Sy aud
tic In tho proper office Of the Comptroller Of said
M , ag m g aS 4 s 5se ses m
nrer % tlsn and Here to-wlt: On tEo 9Th day Of De
ecnbor aforesaid, IN the city and county aforesaid
ss sssa a h a aid s"
comEcr aforesaid, balance Of moneyA In ea1u Ireas-
vi h9 IN 1n truth aud IN fe h. aas
Raid 9Th day Of Deeolnbcr, as such Treasurer, we'll
knew TINT there waH not and bud good rcason to bc-
lail."
Dy Sec. 10, Chan. Of the City Charter 1t Is pre-
THAT tho Treasurer shall, Ut the end Of each and
tho Comptroller, under oath showing tho state Of TIC
Treasury at tho ato Of a,ch account, aud tho balance
rio tkirty.fifth section Of ths samo chapter tthe
chapter that treats Of tho Treasury DcEaTnen pro-
vidcs that such accounts shall DO verified. and tue oro-
going reoed affidavit conforms SUBSTANTIALLY to his
section. But by the amendment Of Boo. a5, enacted
March 70, 1853, It is provided:
unlawfully' shall bo inserted before tho word
'use. wherever tlo occurs in eald section. so
that tho aha be construed to road. 'unawfullT
aBcd,' etc."
This word nnlawful]y," lnayrted before the word
"use" wherever # occurs III Soc. IS, may not make
Ito sentence rend very smoothly.
by Sec. a. which fs also an amendment enacted IN
1865 IL provided that tito Treasurer may be directed
mon oonne TO loan Or deposit the funds Of .he oit il
word aunlawfulya very necessary preceding tht
word "uae,n aud changes the moaning Of tho who'll
The motion In IL ts easo is to quash tho Indictment
Tho amendments Of 1899 have no mcantng Whatever
sss hss q ns oy osafsE naess Rsns
u, IS, and 10 in connection, meet will
great difficulty IN arriving At tue meaniug thersot M
authorities aro sufficient 10 authorize them to be thu
re aud construed together. The rule is, all lava II
sisons must taeFefero bo eonstrSed togsther} M ~.
treated forming one act. different rnlo q con
urmction would entirely ignore tee statute Of ; iSoo
lasfuyn docs not occur before the word % "nse:
III a1ssy w ih anlssw9ay % .na nd eosp
tut tlere was q tho said Isl day q peeember
r. tho pfo'caa 80 faf a' etne he e 'a ops
kuce Of money IN the Trcasury Of satd q cit.
II The sum and te tho amount q s11le. q ane
Gage huew had rosaon 10 bellev1 had IN ha hands
amount last sforesatd wioreasn truth and in fact sal
aage q such Treasurer. then and there, toWls, o.
county Aforesaid, we'll knew lit eso vas ~ not, and
Iad good reason to believe thns there not on th
Es!d lat ny Of December Aforesaid. halance Of
tys III said Treasury III said gum md that ho We
knew TINT there not. and had good reason to 10
sss that there xaa not y Ills hsaas az such Treas
pEros1r1Aa MONEY!.
Uuder tho charter md by permission Of the CT
lie % may aepo@is Go monoys et soat ths cy
curtain banks, md may receive for the thereof Ii
tBrtSt. Tho moneys OF the city could not be thu
used and thus Deposited. ant at tho ume be tccl
eicly in hs hatids Of tho Treasurer; but they msl
ry Of the city: Therefore II The sldsvit eonfor'ne
70 tho hrty.fth section, aa amcnted, 1t would not
sufficient to TINT tho money was not III the hsn.
Vt the Treasurer, or IN tho Treaslry, un!css The fa
fhas the money WIS not uiil4wfuly used was neg
lived, fur Il Is apparent lint The money could not
leaned to, or dupositel In, tho hunks, lawfully or u
tawfuly, mud at tho same time remain Technically
Tho amendment rogutring tho word -" "unlswfulsy
before tho word 'use," makes tho ssa word. Tor )
present consideration, part Of sec. Is.
1uAuvF1c1ENr AYflDAVTr.
The indictment 10 bascd on the affidavit required
that section, at,t, uaaull,ch ta tho affidavit uoes
eontAiu the statement TINT tile money had not 10
ttua!awfW!y use1" It doca not comply With tha ata
ute, aul II H. therefore affidavit not authorized
It III voluntary a.iilaylt. II the word "ilnzwfl.
*Tas in to affidavit, It would quafy all the preyo
statements in the affidavit.
The statement Of tho account to which an athdaVit
appended does not show, III haee rtroa. that therd
my tnoney In The hands Of the nflant. Il or
shows tho "baancs in Treasury" and tho atiida1
#uys tho statement IL fair. arcusate aud full sla
mont Of the ,nAttera to which It ralates and Of
moneys In rny haula, Or which ], or a1y oue for II
hare received slce MY Inst olcIal account was re-
lcted," -......-