The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1874-09-12
''ov. Dnvis' Order for the Prosccu-
thSn OF Ex.Auditor NIcllrnth.
STATE OF MINNESOTA.
EXECUTIVE Department.
ST. PAUL. Sent Z 1914 \

EXECUTIVE DEPARTMENT.,
,.. ST. PAUL, Sept. Z, 1874. y
Hon. George P. Wilson, Attorney General:
sm--During the last session Of the Lecisla-
tnre the Senate appointed committee to
investigate the manner in which the State
Auditors Office was administered during the
term for which Mr.: Charles -McIlrath held
that position. - ;" ~ :
This committee, which was authorized to
slt alter the adjournment completed its
labors on the 4th instant and has submitted
to me itsreport together with the testimony
upon which it is hased.
Access to the report and testimony having
been given to the representatives of the
press before the document left the hands Of
the Committee, deem it my duty to call
your attention to the facts which the Com
mittee state to be the result of the inyestica-
ton.
1t is submitted by the Committee that
the evidence establishes that the late State
Auditor has received on account of timber
cut on the State lands 81 ,O4l l3 more than
1e has paid the State Treasurer; that his
management of certain stumpage transac-
tlons in Kandiyohi county and of certain
lands in Hennepin county has resulted in a
loss to the State of the further sum of $lo.-
5lS.O4,
1t is also submitted by the report that the
|evidence established that the examiners ap-
pointed by the late State auditor to report to
him the quantities cut on the State lands.
made asystematic business of defrauding the
State tor pecuniary considerations by report
ing the quantity cat as less than the actual
quantity, leaving the unreported quantities
As the subject OF spoilation by those whose
duty it was to protect the interests OF the
State in these matters.
The examiner to whom the evidence on
this subject most distinctly points was the
late Mr.. Butler Cemstock, whose estate is
now in process of settlement in the. Probate
Court Of Ramsey county.
| tits also submitted by the report that the
quantities cut were by collusion between the
claimants Of the logs and the examiners, so
tnder-estimated that, allowing for all that
the State received and all that its officials re-
oeceived and did not pay o-er, the State has
been deirauded of large sums of money.
The report also discloses certain transac-
tions by the late State Auditor with the firm
Of P. NJ. Myers 4 Go. (bankers) in New
/ York, which will demand the strictest scru-
tiny by you, that you may ascertain whether
the State has any claim against the Auditor
| by reason thereof.
You are requested to bring suit at the
earliest possible moment against Mr.. Nell
rath and his snreties for every cause of action
which in your judgment can he sustained
against him or them.
You are also requested to intervene in the
Probate Court Of Ramsey county in the mat
ter Of the estate of Butler Comstock, de-
ceased, by putting in an account in favor Of
the State of Minnesota against said estate
for such amount as may lie warranted by the
evidence taken by the Committee, or by any
other information of which you may be-
come possessed.
| You are also requested to bring suits in the
name of the State of Minnesota, as plaintiff,
against all the persons whom the evidence
discloses as having conspired with any off,
Ger to have the quantity cut by or for them
undcrestin,ated, and who have not paid for
all the timber actually cut--the amounts
paid to any person as bribe for not return
ing or cxacting payment for the full quanti-
ty not to be allowed as a payment by reason
Of its having been made to State officer.
You will also please proceed to assert in the
courts the rights of the State in all cases not
above stated which your examination of the
report and evidence may bring to your atten-
ti0n.
Very respectfully, your obedient servant,
G.. X. DAVIS, Governor.
IL view Of the above letter it becomes
OF interest to know who were on Mr..
Mcllrath's official bond. They are, as
appears from the books in the Secretary
Of States office, as follows:
First term, filed Jan. IL. 186l-Or.
vile Brown, D. S. Norton, NJ. Cook, II.
W. Holly, for $4,000.
| Second term, filed Feb. Is, 1S64-J.
V. Daniels, John NJ. Berry, Henry A.
Swift.
i Third term, filed March 8, 1877
". Daniels, Sam. Lord, G. r. Brown
for $4,000.
Fo,,rtl, md r, I,a,J