The Lake County star. [volume] (Chase, Mich.) 1873-current, 1877-08-09
Communication.
LAND DxrAHrnE,rr r. a r. N. R'Y Co.,
EAST SAGINAW, Aug. 9Th, lS17

Q.
{. LARD DxrAHrxExr r. a p. N. R'Y Co.,
80 East SAGINAW, Aug. 9Th, ISL.
Mr.. EDIToR:-I desire to say at
the commencement of this article
that there is nothing personal in
tended in these letters. Mr.. Baker
is mistaken in supposing that l in
tended to make an assault upon the
character Of himself and Mr.. Little.
I do not propose to make an assault
upon anybedy's character; neither
do ] propose, so far as I can avoid
1t, that these letters shall be turned
into personal controversies. / am
only talking about official practices,
and it becomes necessary to call Of
ficers by their names sometimes for
purposes of Identification. I do
not know that l ever met Mr.. Baker,
and / know there is no i'll feeling
between him and myself unless that
i'll feeling is en- tsrtainsd by him. If
I should happen to state as q fact
anything which is net true, I should
be very happy to have it corrected;
and 80 far as I am able l shall avoid
making any statements but such as
appear of record or such as are I'M
disputed. 1t occurs to me in read
ing Mr.. Bakers letter that he jig.
nores what seems to me a plain in
ference from facts. The original
contract which he took from Mr..
Little was quite large enc, and the
fact that he entered into partner
ship with the Highway Com'r on
the same day would give the most
unsophisticated people an impress
sion that there had been previous
understanding between them in re-
gard to it. But whether that were
so or not, l only asserted what our
Supreme Court have decided over
and over again, that Mr.. Little had
no right to place himself in posi-
ton where his sficial duty and his
private interest came in conflict,
and by becoming . partner with
Mr.. Baker he certainly occupied
that position. Our Supreme Court
have decided in very many cases
that where an officer is charged with
the performance Of duty, he is not
permitted to be personally interest
ed in any transaction. connected
with the performance Of that duty,
and they base their decision on the
ground Of public policy. A High
way Commissioner might let a con-
tract to himself Il have heard Of
such cases), and he might do the
work as low As anybody else would
do it, and as well, but it would be
illegal for ell that; because the law
will not permit such practices, cx-
| perisncs having proved that human
nature is so imperfect that abuses
would be likely to follow.
The Supreme Court Of this State
III. Mich. 225), deciding case in
volving this principle, used the fol-
lowing language;
mSo careful u the law in guarding
against the abuse Of flduclary relations,
| that IL will not permit an agent TO act
for himself spd his principal In the
same trAusActIen, - 70 bury Of himself,
a. agent, the property Of liis principal,
or the Ike. All such transactions are
void, ~ Il respects his principal, unless
| ratified BY him with q full knowledge
Of all the circumstances. To repudiate
them he need not show himself damni-
fed. Whether he has been or net is
ImmateflaL Actual Injury 10 not the
| principle the law proceeds on In holding
such tfansactlons void. Fidelity In
the ageht y what b aimed n, and - .
means Of securing II, the law will not
permit the agent 10 place himselfin .
situation IN which be may be tempted
BY BIS own privste interest 70 disregard
that Of his principal. 1900 All
public sflcsss are agents, and their Of
hcial powers are 6dpciary. They are
trnsted With public hnnctions f:r the
good Of the public; TO protect, advance
and promote its interests, and net their
| than N private life for removing from
then, every lnducement T.. abuse the
tons 70 which they are someamss e1-
f~cticr M ~ noSnrr NJ - al i,.des