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

1 7
the law. But in tho next place, It is mani.
fest that TIE Ua6e 'cou,d~ never. know, upon.
which .accopat {. drew, and. therefore, 'could
nevss psFform any duty il, the premises. Ny
ci,ecKs are oil .allke. The. bang only knows
my cllecks as checks Of the state treasurer,
aud the only duty Of the bank is TO ray them
out OF, the State funds ia its possession. But
it seems to be imagined by the committee that
because have occasions drawn money
lying in the bank, SO that the whole amount
in bank was less at particular times than the
amount to the credit oil the interest fund on
my books I have thus diverted the funds
from their lawful purpose The plain answer
is, that there are no moneys existing in specie
mt any time which belong 10 the interest fund
credits on the books in my Office. drew no
funds marked us Interest funds. I simply irew
State funds. In so drawing ana under the
circumstances set forth iu my testimony, the
State funds in bank were not equal to the
credits on my books to the interest fund.
Thus it may happen q hundred times in tho
year, at particular moments, that there may
books call for, but the next hour or the next
day the receipts Of taxes may enable me to re-
store the equilibrium and meet every lawful
demand made on any particular fund. Thus
it was on the occasion referred to in my test-
mony. III certain sense, borrowed from
the interest fund in anticipation of the coming
in OF other funds to replace the amount bor-
rowed In strcter sense, simply applied
the State funds then in bank to the payment
Of the claims then made upon the treasury,
and immediately thereafter 1 applied other
funds to the credit due upon my books to the
interest fund. At no moment havo boen
upatle in any sense to pay the last dollar due
| to any fund when called for.
1t is perhaps possible to imagine such a
conjuncture of circumstances as would result
in my failure TO pay particular claim on
particular fund when called for. If such
case should arise 1 should be amenable to
censure, and should be responsible upon my
official bond But until such an evont shall
| occur, I submit, there can be no diversion of
funds, nor any application of the interest fund.-
or any other fund.- to ahy other use than that
for which it was intended.
But the committee declare that if my con-
strucion of the law is correct all restraints
and directions are dead letter (page 10y.
Is this true7 What was the object of en-
acting the specific levy system, or of enacting
that the interest fund should be kept separate
and apart? What was the evil to be reme-
| ded2 1t was to prevent the state treasurer
| from dcpriving one object of public expend-
turc of the funds raised for that purpose. The
| evil to be remedied was the practice of paving
one appropriation in full to the exclusion of
all other objects. The present law, under my
construction and practice, has cut off this evil,
root and braE\b
defy the Committee or general assembly
to point to a single instance under my ad.
mnistration Of this law in which any fund
has failed to receive every dollar raised for it.
or in which any fund has received one dollar
more than was raised for it. No restraint
has been removed, no safeguard has been
broken down, no statute has been derded or
made dead letter by any act of mine.
| To-day, and on all days, eau point with
honest pride-a pride of which no committee,
however stndiously and maliciousy packed,
can rob me-to n record of tho administration
Of tho State treasury for the past year, where
in no one public object has been deprived of
one dollar due to it, nor received one dollar
more than was due to it..
| If such conduct is to deride the law" or
make "dead letter of our statutes" then
those termA will hereafter have a now signiH.
| cation.
now submit the following correspondence:
EXECUTIVE DEPARTMENT,
OFFICE OF STATE TREASURER
COLUMBIA, s. c., February "a, 1875.
G. d. Melton, Esq:
DEAR SIR have the honor to make the
following inquiries Of you, and to request an
| answer to them:
l. Do you recollect the interview we had
some time last winter upon the proper con.
struction Of the "spccifc tax levy act," in
which informed you of the two constructions
| placed upon the act-tlie literal, by which no
money could be paid by me Oh any account
| unless that account had a credit balance and
| the reasonable. which was that each class of
| objects for which the levv ,vaa noda ohorld