The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-03-02


wosia fqu,ss tfurtasr, hstlwhspeyey pps dol
lar ofapy tdrd out Of the niimsrSas funds be-
longing 20 ess stass was needed ii ssh ouad s.6sl
actually taken IN specie from the identical pile
ofgreen6ecks whict. constituted the particu.
lar fund to be drawn upon. liza dollar of the
identical mass of greeubacks belonging to one
Of tho fuids should be taken for any other
object tde T. guilty violation of law," the 4" fia-
grant violation" the "monstrous perveraion,"
the !" tnockery und "derision of the law, is
completed Nothing eau atone for such all of.
fetsef In vain might the treasurer replace
that one dollar by another of precisely the
same value! Your learned committee would
be compelled to again state that the - funds
had not been kept separate and apart" and
"an the law for the direction and restraint
of public officers is a dead letter in South Car
jolina"
'Nwould be an objectionable waste of time,
( and an sdront to the understanding of intelli-
gent men, to proceed further to show that a
( literal construction of the language in ques-
taoa is both absurd and impossible. No such
thing ever was or ever could have been in
. tended as the actual separation of our public
A:;:nsas into separate, tangible parcels for one
purpose, and taking from ono parcel for one
purpose and from the other parcels for other
purposes. Yet nothing less than this would
boa literal compliance with the law.
I'VE are thus driven to abandon the literal
construction, and we como next to consider
what ia the true. reasonable, sensible, practi-
decentralization of the law.
I answer and I challenge the judgment of
the lawyers of the State upon the question
IAnswer that the true and just construction
Of the law is precisely the Instruction which
Ehays placed upon it, namely, that the re-.
Aairemenr Of keeping separate and apart va
Tiths finds Is simply and only matter of ac-
.ooants. Of. bookkeeping.
NY books will show at any time tho exact
amount Of, money belonging to each fund of
the' State. There has never been an hour
,when any fund was not ready to honor draft
which might lawfully be drawn upon it. No
fund .haA been, short by 80 much as one dol.
lAr.---. = -,
Yet seven ,astute gentlemen are found who
shaiss and dishonor on me because have not
done what was never contemplated by law, as
well as what was absurd and impossiblel
Ei8 What lot me ask, would content your COM
sa mttteef On page of this report find these
Words: 1t is true the state treasurer testi-
AeA shat the interest account has been kept
J isspatate on his books but he also testifies
tha9 the funds themselves have been kept in tie
bank along with other funds in one account,
ss. il separate account"
"a TO be inferred from this language that
ths committee regard as the gravaaem of
my dfsnss the fact that I have kept the
'Atnds themselves" in bank "along with
other funds" s'ass El;
80. Win the committee be 30 good and kind as
y INFORM me and the public in what way am
!! - keep the funds themselves" in any other
Wy than "along with other funds?" Do
they expect to compel bank to adopt the
absurd and impossible system which they
'a would impose on mef Do they expect the
bshks TO keep separate parcels Of money, and
when I draw on account of interest, do they
extect the bank to go to one parcel of money
and take the required amount and when
draw on account of salaries, to 20 to another
parcel? =, 4"'.-
s'I II not how else are the funds to be kept
separate and apart9 The universal method of
bankers in the keeping of funds is good
Z M9itration Of the matter now under consid-
sraion. A deposits $1,000 in bank, ami
and deposit each $1,000 in the same bank
: tshs bank is bound to keep these funds
separate and apart; how does it do 80? BY
yAying away thousand actual dollars in one
Place for A and another thousand for and c.
N9 the bank makes no separation of these
funds ercept on its books All its funds are
4. kept ip one common mass, and drafts are
: made indifferently for any object upon the
common funds. Precisely the same is true Of
the duties of the state treasurer. He enters
the proper credit to each fund on his books,
and that is the only separation of funds that
ever does or ever can take place.
Indeed the committee seem to have rlim-
nering idea Of this truth when they complain
that have kept the State funds in bank in
one account not in separate accounts" We are
% conclude, therefore, that il had kent
separate accounts at the bank, all would have
been we'll. How is this? 1t would seem,