The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-05-12
The Sinking Fund Dedication.

our attention has just been Calico again
e. tho -enor, OF the Committee Of Courts oil
.Jus,ice and the opinion OF tho Attorney
General. rs to the liability Of the commits
sioners on their official bonds, (the Auditor
and the Second Auditor being two OF these
commissioner.
twill be remembered that the committee o.
investigation, in their published report, saiu
"whie they entirely exoncrate tbs fhs'
"and Second Auditors from the susp'''o'
"of anv dishonest purpose in their cohnee,
",;on with or omission to proven. a'' "
~.hc transactions mentioned, yet they eau
"hp. dcprcca.c and condemn the Negligent
q n,acpe- in which the affairs OF the oinSipe
.tund have been conducted"
This matter very naturally excited much
interest in the public mind, which has no
&c, altogether subsided; and in justice tf
the PARTIES concerned we give the substance
of the report and opinion referred to, wh'cf
seem to furnish q vindca'ion OF the two au
di,ors not only from liability on their bonds
hut against the charge Of negligence IN
the performance Of their ofliciai duties. Inc
Attorney. General came 10 the following con-
clusion
IL think the embczz,cmcEt in this case 100 re.
motcy connected with any supposed want OF catt
In :hc Auditor and Second Auditor In preventing
70 hr made the subject Of legal complaint again
them in their offices OF commissioners OF .le olna
ing Fund hut upon The case rs II now appears
mink Coleman personaiy and Mayo, the late trea-
,urer on his official bond liable for the loss Inc
Commonwealth has SUSTAINED
The Committee for Courts Of Justice re-
ported thst they eoncurred in the Attorney
GeReral's conclusion. (The Legislature did
not reach the report, which was made near
the close Of the session:)
Resolced By the General assembly, That there is
70 liability On The part oi the Auditor OF Publlc
Accounts or OF the Second Auditor on their oincla
bonds for the loss thus sustained but that lie lals
Treasurer ara the Clerk OF the Com mi,sioners OF
the Sinking Fund are responsible therefor.
ReSo!rsd, That the Attoruey-General be instruct
ed 10 take proper leea steps to enforce Ills HULL
ity for the benefit OF the Commonwealth
That settles the question as TO the respon-
Sitilty. As to whether there was olnclsi
Negligence or not, the Attorney 1cnerai
said:
There was hut little employment proper for
>leik. nor were there sisted and formal meetings
or The Bcarc, rs III" Gesuhory ana occasional
character the busi,iIsS to De done did NOT u 0p-
peers. muhe them q necessity But wherever pur-
cnases w,rr made. majority Of the commissioners
corcurrrd in advising H. A regular account was
kept In the second or's Office with the Treasury,
showing all lis operations. receipts. aud ds6urse-
EcntS, al" these operations were yearly reported
20 the Governor, and by him communicated to the
Legislature. In these operations lin which there
WAS no loss and no rregularity, except in this IN
$ancc Of wllul and fraudulent abs traction OF The
property Of the fund.- Coleman acted Is agent and
''sccrctary." and appears 10 nave possessed inc
mi! contd. nee 81 a with whom ne was associated
in tie public business. But in thus particular
trdnSac!o,l in conreTiin5 registered tonGS hept
IN he Treasury gtce. rs belonging to the Sinking
fun0. into shape in 1nkich Tie public property |
could be Conveniently e1nbezsit he acted not only
1rjhOut TIER 0,lhoritY but any k7oHtehge Or ere7s
suspicio, their part Of ,rhdt he ,caS d"in9 IN
ton ,cich has occurred. the Treasurer. his teSti-
many, ro!u1.tUriIy and explicitly e.ronerd9eI the |
Of i@o@gs ssS's sa E t he seSe rreSa
!drlty ~a;ttrtr II TGS. 6tgG" and e7'Gc@ wiA nun
i, seems, lncr. that the liability Of the Auditor
and Second Auditor as com llsSoncrs tor this loss
II II exist. Ilscs not from any positive breach OF
their own official duty. but from such want of care
and diligence in guarding against acls OF Official
misconduct CT Others, As, If duly exercised, would
have loiled the wicked ingenuity with which the
Inc imGutaii"n OF official negligence In This respect
Il ought not to De omitted that during ne
i ssSs e Aysb.%ne On J, ,gS IL 1s3s
'lyrt q, 1t JiH from TIE Finance Committee
"f the NouSs. kGcing for its oIject the cancel
'dtiya II uii!c tones. coupons, nni certificates IF
CaIiic G,Lthsid byfhe Commissioners gfts Sinking
tara1 0ndth .iuitur as the property OF the State,
ard iha; ihey should br no more computed rs part
he pubic debt except for The purpose ii future
-'ttlculcnt with West N!rGinia-a measure which |
would have made this loss lmpOSSitfe-but IL alu |
Lot !t came Il law.
This entirely relieves the two Auditors, |
as everybody in Virginia will lie pleased to