Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-01-18
THE GOVERNORS MESSAGE.

THE GOVERNORS MESSAGE.
Senators and Representatives Il
welcome you to the field OF your ar
duous labors. An appreciative aud
intelligent constituency. whose voice
you will speak on the important ques-
tions which will come before you, will
anxiously await the results. The pro-
visions of the constitution limit and re-
strict the powers of the legislature. The
great object has been to restrict leSisla-
tive action, unless it can be general and
not special. Hence local and special
Legislation has been prohibited. II u
statutory enactment shall be beneficial
to the people oil this county, it Is pre-
sumed it will be beneficial to all the peo-
pie of this state. There has been great
change in public opinion on this sub
let within my recollection. In former
years it was said that people would not
invest their money in manufacturing en-
terprises. unless those engaging in the
business could obtain special charter
of incorporation; and when y general
law was advocated, In order to dispense
with such special legislation, it was
| argue no one would risk his capital,
| when the general law was subject to
1 change or repeal by subsequent leg
4 islature. Those urging such objections
| to general laws for interpretations had
little or no faith in the capacity OF the
people to govern themselves. Special
laws creating corporations are prohibit
ed. and in those states whose constitutions
on that subject are similar to our own,.
\ many corporations exist, formed under.
a general law. So interpretations un-,
\ der the general law are created every
N day in the state. l refer to those pro-,
visions OF our constitution which pro-.
/ hibit local and special legislation, SO that
\ the general assembly, rs we'll as the,
H chief executive of this state, may NOT,
\ in the great desire to serve the people.
I be u.mindful of these salutary provls-
ions. The governor is required. at
the commencement oil each session OF the
general assembly, to give information.
j OF the condition OF the affairs to the
| state. The condition ot the treasury is
q subject OF grave Importance, and hence
l speak,,ol it first.
4 THE TREASURY.
The constitution contains the following
provision relating to the duties of the
state treasurer.
:.All moneys now, or at any time
hereafter, in the state treasury, belong
ing to the state, shall, Immediately on
I receipt thereof, be deposited by the
1 treasurer to the credit OF the state, for
\ the benefit of the funds OF which they
respectively belong, in such bank or
banks as he may, from time to time,
with the approval of the governor and
4 attorney-general, select, the SAID bank
or banks giving security satisfactory to
the governor and attorney-general, for
4 the safe keeping and payment OF such
1 deposits, when demanded by the state
treasurer on his checks; such bank to
4 pay bonus for the use OF such deposits
j moi less than the bonus paid by other
! banks for similar deposits; and the
same, together with such interest and
4 profits as III y accrue thereon. shall be
\ disbursed by said treasurer for the pur'
pose of the state. according to law, up
on warrants drawn by the state auditor
aud not otherwise"
i From the time of the incorporation o.
the bank of the state of Missouri. ane
until it ceased to exist as a state bank
it WIS the financial agent of the state
The state had, in its own right, and o
trust funds, stock in that bank to nearly
the amount OF one-third of its capita
STOCK, and, by law, moneys of the state
were deposited in it. Whatever ad
yantages resulted to the bank by reason
of deposits OF the moneys of the state
were Shared by the state in proportion
to it's stock in that bank. When tina
bank ceased to exist as state bank
there was no law requiring any money
OF the state to be deposited in any banl
nor that the state treasurer should seel
to obtain interest on the money OF tn
state for its benefit, by depositing it wit
any banking Institution whatever. Ih
duty OF the treasurer with respect t
the safe-keeping of the treasure of tn
state Is tersely defined. The law reads
"The treasurer shall receive and kee
all the moneys of the state not expires:
ly required BY law to be received an
kept by some other person." The La
did not require him to keep the none
in the safe or vault; it did not'requir
him to deposit it with any bank. nc
with any other moneyed institution, NJ
was he required to deposit that none
where interest could be obtained for tt
benefit of the state nor was he prohlbl
ed from depositing the money in bank
The law lett it to the discretion and judi
ment OF the treasurer alone, with no II
terference or supervision by any 9TH
person or persons, to determine II
himself how and where he would "kes
the moneys of the state" The audit
had no authority to direct how al
where the treasurer should keep tt
moneys of the state. The treasurer
lreauired to render to the auditor a ju
and true account of all moneys receive
and also of all moneys disbursed, al
stating under each head OF approprl
ton what disbursements have bet
made, and to render his accounts to Z
auditor for settlement quarterly,
oftener if required. But this does n
give the auditor the power to requi
the treasurer to state where he kee
the money of the state-whether it is
the vault in the capitol, or whether
is deposited with any, and If so. wi
what, banking institution. Nor did t
governor ever have, nor has he no
such supervising power. The executi
officers are required to perform su
duties as may be required by law;
the fifteenth section OF tho tenth artit
of the constitution required of the sta
treasurer other duties than those tn
prescribed by statute law. He is l
quired to deposit the funds OF the sts
in the bank selected by him. with t
approval of the governor and attorne
general, and he is to require secur
Satisfactory to the governor and att
-, ney-general for the saie-keeping q
payment of such deposits. The atte
- ton of the last legislature was called
an early period of the session to the !
II cessity of legislation to carry into eff
the provisions OF the constitution. I
subject-matter was referred in the SEN
to select committee, composed prin
lcl pally of lawyers. That committee.
ID the month Of January, made its rep
and designated many sections of
constitution which, in their opinion,
quired legislation to carry them il
rye effect. aud, amongst other sections,
iignated section fifteen OF article t
The senate adopted that report, 9