Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-12-04

division of such scattering receipts be.
tween the general treasury and the schooi
fund was postponed until final settlement
could be reached which was necessary 10
show the net sum to be so divided. 1t was
| thus that. while these numerous small bal
anceS We're awaiting the final returns neces-
sary to an accurate settlement and DIVISION
they grew to the aggregate sum OF S5S2''
| 49,. 2G-the highest amount ever reached D!
such arrears in the past-and thus they &C
cumulated imperceptibly to the officer VINO
had them in charge. Even the Superlntehd'
| ent OF Public Instruction was wholly lSno-
rant OF their existence until January, 1876.
| legislative committees examining the Dtsl-
ness of the Auditors Office had regularly
reported their approval OF the manner IN
which it was conducted. No provision o.
law required the Auditor to pay over to the
school fund its proportion OF each separate
| fragment Of delinquent revenue NJ the tllne
Of its receipt. The auditing department
acted with perfect integrity and GOOD laltu
| throughout the progress OF these tIaiisac'
tons, and no cenSure can Justly attaca "
any OF its officers in the premises. Ine
charge that these funds were diverted TO
creditors, or were ever diverted Ut ail' Is
wholly without foundation.
All other school funds have been ac'
counted for and paid over by the Auditor
as they were dcmandablc, except balance
which unavoidabiy fell in arrears during
the last fiscal year, but which is now no
! longer due. Some months ago, when the
receipts from an important source or refe'
nue. were cut off By the injunction OF 4
Federal court, as before explained, an en-
traordinarv deficiency in tue treasury re-
suited, and for brief period it was lmpos.
sible to raise money enough to meet the de-
mands OF the government and at the same
time pay the school quota in full. The bal.
ance thus due and unpaid TO the school
| fund at the end OF the last fiscal year, on
account OF revenues collected during that
year, was SOC. 1000. That balance has since
been not only met but oyerpaid by $4,000,
50 that nothn" NOW remains due the school
fund except the residue OF such arrears rs
grew out Of the delinquent taxes from 1870
| to 1874. as stated above.
AS the balance OF 100000 was due the
school fund on the revenues collected III
lS76-'77, why was it not paid over until
after the expiration OF that fiscal year:
answer: Because IN absolute necessity ana
! the clearest requirements OF law made 1t the
duty OF the Auditor TO withhold 1t for the
time being. The supreme object and re-
quircment of the Constitution is that the
government shall be maintained for holding
society together and preserving the exist
ence of the State. Another and important
but subsidiary requirement Is that the pub
lie schools shall be maintained. Ii the eX-
istence OF the government cease Tor want OF
the means OF supporting it. then the school
system rs well as iii other public interests
must 90 down in the general catastrophe !:
for the maintenance OF the schools depends
upon the prior maintenance Of the govern
| ment. Moreover. the school fund is not
collected and paid into the treasury Sepa-
ratcIy. as | have recommended, but all the
revenues are received into that common
reservoir, and the law provides that all dis
burSementS thereirom shall be made on the
warrants OF the Auditor and not otherwise.
Out OF this general fund, the statutes re-
quire specific sums TO be paid for the sup
port OF the schools, and in terms equally
mandatory they require other specific sums
to be paid for the support Of the courts,
the departments, and the public institu-
tons. In this instance it happened, for a
brief period. that there WAS not money
enough in the treasury for paying in full
the several sums thus appropriated by diff
ferent provisions OF laval equally man
datory in their terms. To make I'LL the
payments required by law was plainly i'm
possible; and thereupon the Auditor drew
his warrants upon the treasury for so much
money rs was barely and absolutely indis-
pensabie for keeping up the existence OF
| the government, and all that was left he
turned over to the school fund. What else
was he to do. Ii at that time he had paid
over to the school fund its quota in full, no
sufficient means would have been lett for
-i-tn Dy {1,o
ment. Was he to treat the school interest us
paramount to all others, to surrender to it the
balance in the treasury, and rhornhv cause
the lunaticS to be deprived OF food, the ln-
mates of the penitentiary and iails to be
turned loose among the people, and the en-
tire machinery OF the government to be
stoppedy In an issue OF life and death be-
tween the State and the school system, Is it
to be said that the State must perish and
! the schools survive? Does the bond OF the
Constitution so nominate and eNalt any one
OF the departments over all others that it
may, whenever the letter Of the bond Is
forfeit, cut its pound of flesh from the body
OF the State nearest its heart, even at the
sacrifice OF the life Of the Statef
| The charge that this action OF the Auditor
was in any sense diversion OF the school
| fund is unwarranted and gratultous. 10
! divert public fund is to turn it aside from
uses which arc legitimate to other uses
| which are illcgitimate. Ii, under the cir.
cumstances, the Auditor had responded to
the demands OF the school fund sooner than
he did, he would have perpetrated criml-
nal diversion OF funds primarily liable as
well as necessary for maintaining the exist
ence Of the government.
! The school system is the creation of or.
ganic law. The constitutional obligation to
maintain it is not questioned. In all my
official relations to that system l have en-
deavored to support it fairly, efficiently, and
in the spirit of its founders. But If it is to
| override all other interests. however mo-
mentous or sacred; il the claims Of the
school department upon the funds in the
general treasury constitute lien paramount
to every other; il the existence of the gov.
eminent, in an emergency, is to be depend
ent upon the leniency of that department,
then the sooner it is shorn Of its dangerous
supremacy the better.
THE INSPECTION OF TOBACCO.
The legislation OF the last General AS.
sembly on this subject embodied the sub
stance OF important provisions which ':aG
patent defects which caused doubts rs tt
when its operation would begin and as tc
how it affected preGXisting law, yet, being
submitted for MY approval on the eve Of
the final adjournment when no time was
lett for legislative revision and correction
it was deemed wise to approve it with {
view to the amendment OF its details ut tho
| present session.
In view Of the uncertainty of the law il
has been considered best not to dispose Of the
| Public warehouse for the future by lease
but to leave that subject open for Legislative
action.
The long-continued controversy in regard
to the inspection Of tobacco should be