The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-09

legislative Reports.l
IN SENATE.
FRIDAY, Feb 6, 1864 p. N.
LOni!ied-see to.som Of page 49,.
IHE STATES TREASURE.
The Senate having under consideration the
msJority and minority reports pending at
the adjourn nent yesterday
Mr.. Meet LLOUGH: ] do not speak be-
cause desire to speak to the Senate or be-
cause / am fond OF speaking. but / have
realized there was duty deyolving upon
the Democratic majority, and all have done
In committee and out OF il, and all ! am GO
ing to do or say, do to discharge my duty
to the State and the people OF the State. 1t
has been said that the people are clamoring
for an investigation OF the State Treasury,
and il would have an influence against rs
upless there was an investigation. believe
if members will deal with questions which
rightfully come before them, and enact
proper legislation, that the intelligent de-
mard of the people will be met. The Ssna-
ter from Marion (Mr. Winter on yesterday
Insisted. as other members have asserted,
that the interest on public funds collected
by the State Treasurer is the property OF the
safe, and that We ought to investigate to see
how much interest he has received in that way.
Reads Section 5G36 of the Statute AsI
said yesterday, to q person unacquaint'd
with the law and the decisions Of the couIts,
that section would seem to make the Treasu.
rer account for the interest. also cited sec.
tons of the statute concerning County Treas
urers that were just as strong. And the hold.
In g has always been by the Supreme Court
q h ho Cor TIE IL oh ~
with interest. The Senator from Marion re.
fers to the note at the bottom of the section,
and contends that the note shows the able
lawyers who revised the Code OF 1881 thought
there was difference between the County
and State Treasurer. ! acknowledge the abil-
ity of these lawyers Bat the fact that the
Iote is inserted where 1t - shows that in
the mind of the commissioners there was
doubt upon the subject. IL not. why did
they insert the note at that place? II is 100
psges from the stat1te governing County
ITtasurere. The note would never have
been inserted in the statute governing the
State Treasurer but to call attention to what
tie Supreme Court had decided about
County Treasures. and to suggest the doubt
as 70 what would be the construction of the
section il follows Considering the fact that
Tor more than twenty years the etate has
had 10 place in which the Treasurer could
keep the money, and that be has bean
eSAPtAACO w hCcH ~ III JAIN uOtWltu5ttud'
ing that section, and during all OF that
time no interest has been required of any
Treasurer, although IL was known by the
Governor and the legislature as sheWn By
Governor Porter message, that the Treas
urer was receiving Interest, no man can
say that il is the law that he should account
for interest until the courts OF the State have
decided it. The Legislature can not settle
the question. IL Is not court. The At
torneY General is the law officer of the State,
and ID is his duty to see if the interest be-
longs to the State. S0rh suit has never been
brought against any Tiea7nrer. What good
then will investigation .! Why take the
tlIne OF this Legislature IN vestigsting what
interest has been received. We M ~ spend
the whole time OF this Legislature dsputing
over this matter, and no good could come OF
ii. The Legislature has no power TO settle
the rights of parties or officers in the past.
That power belongs TO the judicial tribun-
ais. Thatduty devolves upon other officers
OF the State and not upon us.
But, says the Senator from Csss Mr. Ma
geeh the State Treasurer has no right 70
take county orders. That, again, depends
upon the construction of the statute above
II, like the County Treasurer, he has right
10 invest The money in what security
be pleases until called on by law
TO pay it out, then il is not
unlawful for him to take the orders. But
whether it is right or wrong, what can the
Legislature do about il? 1t can not take
the orders away from him. 1t has no power
on earth to do ANYTHING with reference to
the orders. Both reports show that he has
the orders. Now, what more light can be
thrown upon the question by an invest.
eating committee?
oays another, il Is limited that the Treas.
urer lost some money in a bank that broke.
Suppose ne did and you investigating c)m-
mlftse should md that TO be true. | say
to you that for one / am unutterably op-
POSED to making an appropriation ID the
Treasurer to make up the loss. And know
Of no power the Legislature would have 10
compel broken bank to make 1t no.
Says another, there is ramon that the
Treasurer has borrowed the money to sup
ply the less he has met with. Suppose that
is ascertained to be fact, is the Legislature
gong to say that you shall not borrow
money? Why the law would require him
to supply the deficiency, il he has met with
loss, and it would make no difference, so
far as the State is concerned, whether he
borrowed the money or not, so he got it,
The people ofthis State are interested in
having proper legislation upon the subject.
VS. can pass laws 10 govern in the future not
the past. We want to do that carefully and
deliberately. For the purposes of legisla-
ton we want to investigate the old law, see
wherein 1t Is wrong and whereit is doubtful.
Then carefully amend it. Lesve no doubt
Tor the future, 90 far as ii is within our ca
pacity to prevent it.
III this Legislature will tsrn its attention
from balderdash and political clap trap to
the law. and make secure the peoples money
Tor the future, il will accomplish
its duty in that regard, and what the people
have right to expect of il. On the other
bandiffor noise. excitement aud clap trap, the
time is spent in Investigating and disputing,
snd the legislation is neglected as ii will be
II this thing continues, and the minority
49, - l. III tr-l1
an account for our negligence. And they
ought.
The Legislature is in session bpt two
months in twenty.four. Before | was
member % il, I used to hear expressions
mot sure bat / took part in them myself) to
The effect that it would be better If the
sessions were shorter and less frequent (Of
course nothing OF that kind has been limited
lateiy.)
Since 1850 the Governor of the State has