The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1885-07-30
The Law 70 Orders but Sherman
Refuses To Obey.

Refuses to Obey.
Section 7G3 of the code re.
luircs that "whcncvcr the govern
or shall suspend any public officer
he shall direct the proper steps to
he taken to indemnify the State
from loss
This law is mandatory. The
governor must obey it and enforce
it. Sherman claims that the State
has suffered loss to the amount of
So, 900 by acts of Auditor Brown.
If SO, the way for the executor to
recover it is to sue for it. The
law says that he shall sue. Why
don't the governor obey the law.
Auditor Brown has good s1O,-
900 bond which is liable for all
losses the State has suffered. Why
docs not Sherman sue on the
bond. Auditor Brown deposited
money in bank that suit might Ike
brought to test his liability. Why
was suit not instituted. What man
having claim Justly due him
would not sue, when the dispute
amount was placed within his
power, by special deposit by the
debtor! None, except a lunatic
would fail to collect his dues. But
in Shcrman's case the matter Of
bringing suit is moro imperative
than in a case of an individual.
Suit is dictated to the individual by
common sense. But to Sherman,
the executive, it is a statutory re-
quircmcnt. 1t is a duty. Justice
to the smimhcd auditor cxacts it.
The people demand it. The law
orders II.
Opportunities to test the qnes-
ton Of the auditors liability to the
State has been thrust upon Shcr-
man, but lie has artflllly lodged
them. Besides the $4,000 bond,
land the special deposit, Auditor
Brown offered, by his attorneys, a
stipulation to Immediately try the
case on its full merits at the March
term Of court. Instead Of accept
ling the stipulation, Sherman
lodged the civil issue and turned
the auditor out by military force,
\ Auditor Brown then became plain.
tiff, for the recovery Of his office
and offered to stipnlate an ilnmedi.
ate trial, but Sherman studied
motions for delay. The trial il
now hindercd by the public officer
! whose duty by the statute is tc
bring immediate suit to ''indcmnify
the State from loss" The grand
! jury have fully investigated thu
ease, and have found no cause t.
: charge Auditor Brown with dcfal
} cation. To those who have no
studied this case, tho above facts
will be sufficient evidence tina
Governor Sherman himself has NJ
t confidence in his charge tina
: Auditor Brown is a defanlter. HI
, knows that no judgment could b
> obtained against Auditor Brown
Therefore he avoided such suits
; For tho purpose Of avoiding then
: he has hired lawyers and use,
bayonets. To prevent tcstln:
whether Auditor Brown owes tn
/, State $4,000, Sherman has alread,
: spent 81, 200 Of State money 70
t his lawyers, and their final bill
! will probably be no less than tire
$ times that amount. He has ais
!, paid out large sums to the militi:
A These sums will not fail Of twic
the amount claimed as due iron
g Auditor Brown. All this expcn
4 diture has been for tho purpose Q
avoiding a trial for the recovery Q
: money claimed to be due the State
What hollow mockery Of duty
What thimble-rigging Of law!
q This is Aot mere party ques
! ton. It is above and beyond j,
II is 4 question of law against law
: lcssness, of the civil against tn
! military power, Of order agains
! anaraAy, Of manhood agains
!. knayery, Of righteousness ag,ains
9 wrong. The people arc intcrsste
$ in its proper solution. They wi
d solve it. And In tho end Sherlna
t and his abcttors, like Shylock, wi
: receive what they pretend to crave
9 iustice-but far more than the
!! desir.-[Thc Blade.