Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-01-12

The Arxuns.s In Cesrs Yesterday.

IA. TRRAsURY IsoUsLE.
The Axsunsas In Ceszs Yssesrday.
When No went to press yesterday coun-
col were engaged n arguing before their
honors Judges Livingston and Patterson,
the motion to quash the temporary iujunc-
ton granted by Judge Livingston in
chambers, restraining the finance commit
tee from taking possession Of the city
treasurer's Office. The case was ably
argued on behalf of the finance committee
by D. G. Eshleman and George n. Kline,
esqs., who, in answer to the city treas
urer's bill of comp 'aint. claimed that
Edward Welchans, city treasurer. hal
been properly and legally suspended from
Office because of defalcation discovered
in his accounts by the fiuance com.
mittee. Many authorities were cited
to show that the power which ap-
points q subordinate officer has
power to remove him, and that no matter
what may be the mode of his removal the
presumption in law is that his removal is
legal. In the case now being heard, it
was argued, that ell tho forms of the law
had been complied with, and that Mr..
Welchans ceased to he treasurer the
moment city councils had passed resolu-
rion suspending him, and that councils
had warrant of law to command the
finance committee. or any other agent, to
take possession of the Office, the funds or
any other property belonging to tho city.
found in the hands of the suspended treas
urer, and that if the treasurer considered
himself wrongfully removed, he could seek
relief in the courts by quo warranto, by q
mandamuss, or by action in assumpsit
for the amount Of his salary.
But that by resisting the author
ity that had appointed and suspend.
Ell him, he became a trespasser and was
The learned counsel laid much stress on
refused to allow the committee to verify
his cash account or to tell them where he
kept the city funds, or whether he had
in hand the amount of cash he claimed to
have.
These facts and the pertinency with
which the treasurer insisted on holding on
to his Office came with a bad grace from
an officer who, on his own showing, had
failed to charge himself with city funds
that had been received by him.
In behalf of Treasurer Welchans, j. Hay
Brown and VIM. A. Atlee, esqs., admit
that the councils have right to suspend
or remove from Office an appointee for
cause shown. But they deny that any
legal cause for the removal Of the city
treasurer has been shown; and that, even
were the city treasurer liable to suspension
or removal, he can only be suspended or
removed for the causes and in the manner
prescribed by law. None of these causes
have been shown. nor has the mode of
suspension prescribed by law been observ-
ed. The treasurer is elected to hold office
for one year, and until his successor shall
have been appointed. 1t cannot be pre-
tended that the finance committee was ap-
pointed the treasurer's successor; and it
is mOnstrous to suppose that Mr.. Welch-
ans, who had been duly elected city treas-
urer, who had sworn to perform his duties
faithfully, and who had given $50, 900
bonds for the safe keeping OF the city prop.
erty, should be obliged to hand over the
city treasury to an irresponsible COM
mittee, not a member of which had given
bonds to protect them! Counsel argued
that under the law the finance COMMITTEES
had no authority to ask the treasurer to
verify his cash account and that until
within two months past no finance com
mittee had ever claimed such authority
The law provides for standing committee
for that purpose-a committee that viii
be a check on a dishonest finance com
mittee, as well as on a dishonest treasurer;
and thus prevent cOllusion between them.
City councils have neglected their duty by
fai ing to appoint a standing committee
for the especial purpose of verifying the
treasurer's accounts. Until such commit
tee shall have verified the treasurer's &C.
counts and ascertained default, no steps
can be taken towards the suspension
or removal of the treasurer even
if he be subject to removal. The
course pursued by councils and the finance
committee has been marked by bungling
patchwork from first to last. They have
assumed powers they do not possess. Mr.
Welchans is still the legal custodian OF
the city's funds; it is his duty to protect
them, and to protect his sureties, and it is
the duty of the court to protect them.
Counsel did not ask that the Injunction
asked for should be continued to the pref
udice of any one, but they did object to its
being dissolved and thought the case
ought to be placed in the hands of the
master, so that full and impartial invcs-
tigatiOn might be made. The city treas.
urer was ready and had at all times been
ready to account for every cent Of the
city's money placed in his hands, and pay
the same over to his legal successor.
Counse! read Treasurer Welchans's afi-
davit filed in reply to the answer of defend
ants. He denies all allegations of dishon-
esty or irregularity, claims to be the legally
elscted city treasurer, and says he is ready
at any time to hand over to legally
chosen successor all Of the city funds