The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-01-26

liens, and subject their property 70 satisi,
them and thus by crippling their eredt
and tying up their property, render then
powerlessto meet their obligations OF pro
tect themselves from impending ruin.
For State 10 crush It's own citizens fol
no substantial good As notwise nor Just, bu
where II cannot vouch even technica
right II is despotism.
The ruling Of the Kentucky Judge II
Tom Marshall's case would not release 4
the defendants any debt Of the State, 70
they do not owe It any debt, and deny thu
right Of the State to subject them to tht
debt Of another. And the judgment o
the West Virginia Court Is in harmony
with that denial.
But that other and higher law, "Do jus
tlCe and love mercy" which isof universe
obligation, and so obligatory on sovereign
and citizen, would require the State to re
fund to the defendants the costs and dam
ages they have actually sustained by IL
action, which are greater by far than Il.
loss by the bank. Yet they ask but to be
letalone.
Your suggestion that the system Of State
deposits requires revision Is q good one. II
should attrlct attention; for the system Is
vicious. By II the Board Of Public Works
in effect displace the Auditor and Treasur-
or, and loan out on interest tue revenues
oil the State to few banks, and take Us Sc
Curity their bonds, with security The
State is thus Invested Of It's right oil proper
ty In the money, which, becomes the prop
erty OF the bank, aud the bank becomes
the debtor Of the State. The sovereignty
turns trader for picaynne gain and the
penniless treasury Is filed with bil ls re.
ceivable in the shape Of penal bonds filed
away in the Office Of the Secretary Of the
Board,
This, in contingencies that might arise
as recent experiences have sorely proved,
might put the State In q strait, and leave it
in an emergency like poor man at u
froliC.n
To turn the State Treasury into brokers'
office and loan out the public funds on in
terest TO trading corporations is Of Ques-
tionable policy, even il lawful, but when It
is in the very teeth OF the Constitution il
may well deserve serious consideration.
The constitution is positive and express
that the credit Of the State shall not DO lent
to corporations, much less its money) and
that no money shall be drawn from the
Treasury; but on the pdrrdnt ofthO auditor.
His Office is created by the constitution,
and he is chosen by the people. 1t is not
in the power Of the Legislature, or the ex-
ecutive orjudiciary, singly or combined, TO
substitute another in his place, or transfer
his duties and functions to another. lie is
absolute guardian of the treasury-and the
Treasurer is check on him. Yet this fact
is practically ignored in the present sys-
TEN. Statutes and contracts repugnant to
the constitution arc void. Till this princi-
pie is reversed by the Court Of Appeals the
judgment OF Judge Guthrie must stand
And II is quite manifest that the State au-
thorities, though slow to learn, are getting
their eyes open to the dangers ahead, and
are no lessapprehensive than the defendants
OF the result Of the appeal. II it be for the
State, it will be, as the States Attorney has
declared, brutem fulmen, so far as the con-
troverted claim is concerned, but If for the
defendants, then the vice OF all other con-
tracts OF loan OF the State revenues isat once
made apparent, and this objection in effect,
pronounced void. The appeal has Just
been continued by the Court Of Appeals
which affords q favorable opportunity ad
interim to revise the system with the code
and trim its sails for tho impending storm.
JUSTICE.