Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-01-28
AUDITOR BROWN.
Governor Larrabee Approves His
Bond and Reinstates Him.
Acting Auditor Of State Cattell Retircs,
But on Taking His Leave
Files q Protest.

iu Cunlpuduco Win request OF governor
Larrabee, Attorney General Baker submitted
to the governor an exhaustive statement OF
bis opinion in regard to the state authorship
matter, and the status of John L. Brown as "a
said Office. The conclusion of the attorney
general is to the effect that Mr. Brown was on
ly suspended from the exercise Of the func-
tons of his Office, until proper inquiry could
be had and proper action taken, and that there
has never been vacancy In the Office to be
filed by appointment or otherwise
Acting upon this official opinion Governor
Larrabee, on Jan, 23d, formally notified Audit
or Cattell Of his decision in the matter In writ
irg as follows:
Hon. j. w. Cattoll, AUDITORS Office: DEAR
SIR: have approved the bond of John. l..
Brown, and revoked the order suspending him
from office as auditor OF state. You will
therefore, deliver all monies, books, papers
and other property Of the state now In your
possession to him, who is hereby authorized
to receive the same. Permit me TO express
to you my high appreciation of the integrity
and ability which you have always manifested
in the performance of your official duties,
Yours Truly, VIM LARRABEE,
Governor of the State of Iowa.
To this notification to vacate the Office, Au.
dltor Cattell, while yielding to the order, filed
the following protest with the governor for
the implied purpose OF rescfving 10 himself all
his rights under the law.
THE PROTEST.
Hon. WIN. LARRABEE, Governor of Iopa !.
SIR;-1 acknowledge the receipt Of your order
Of date of January 20, requiring me to yacatc
the Office of Auditor of State of Iowa. In ODE
dience to the supreme authority Of the State
vested in you as Governor, | yield to your or.
der under protest. Having been appointed by
your predecessor, Buren, II. Sherman, then
Governor of Iowa, to fill vacancy, and not
under any order of suspension, If such ever
Issued, in said Office of Auditor OF State, on the
9th day of December; and having accepted
said appointment to hold said Office until after
the next general election, unless sooner re-
moved for lawful cause; and having duly
qualified on the 10th of that same month, ac-
cordlng to law, to perform the duties of said
office, and having performed such duties faith
fully according to law up to this date, most
respectfully deny that you as Governor Of Iowa
have any legal right to order me TO surrender
said office of Auditor of State or to ignore
and set aside the official acts of your prede-
cessor relating thereto; said acts and orders
being matters OF executive record, / respect
fully question and deny the legality of your
said order, and insist that the only power, II
any, having authority under the constitution
and laws OF Iowa to set aside and nullify the
action of your predecessor in connection
itor of State, is the judicial department
OF the State. Believing that your order
commanding me TO vacate said office Is
an unwarTanted and unlawful assumption OF
power on your part surrender the Office In
obedience thereto only under protest, reserving
all legal rights may have in connection there
with.
Dated in the Office of Auditor Of State,
Des Moines, wa, January %, 1885.
j. w. CATTELL Auditor Of State.
The Governor also formally notified the
Treasurer Of State Of the action taken, and
with the signature of the bond the reinstate-
ment of John L. Brown as Auditor of State
was consummated
Attached to the official bond is the following
sworn affidavit of j. l.. Brown, which was re-
quired by Governor Larrabee of him before
the Governor approved the document:
THE AFFIDAVIT.
State of Iowa, Polk county, IS. I, J. L
Brown, on oath depose and say that was Au-
ditor Of State of Iowa for the term beginning
January ], 1888, and that at the general cleo
ton in 1884 was reelected to said office for
second term; that in order to qualify for sec
ond term presented to the then governor of
Iowa bond In the penal sum of ten thousand
dollars with good and sufficient sureties, as re-
CURED by law, and with my proper oath of Of
flee Endorsed thereon, which said bond l was
advised has not yet been approved; that on
January 5, 1885, had faithfully accounted for
all moneys coming into my hands by virtue of
my said office, and that the records of said Of
fee and the vouchers on file therein showd the
proper and legal disbursement Of all funds I'M
der my control as said officer and that in all
respects performed my official duties In &C
cordance with law and to the best of my abili-
ty.
[Signedl J. L. BRowN
Sworn to before me and subscribed in my
presence by the said j. l.. Brown, at Des
Moines, Iowa, this 18th day of January, 1886.
N s. GUERNSEY, Notary Public.
The bond is endorsed as follows: "Oficial
bond Of j. L. Brown, Auditor Of State. Term
Of Office commences January 5, 1885. Approved
this 23d day Of January, 1886, VIM. LaTabee,
Governor of the State of Iowa. Filed with the
Secretary of State, January 20, 1886, Frank d.
Jackson" The following gentlemen qualified
on the bond: r. L. Chase, E. 8. Harter, w.
7. Hammond, Adam Baker, Isaac Brandt, A.
w. Naylor, John L. Brown, James NJ. Pierce,
II. p. Hobbs, II. E. Teachout, G. W. Graves.
In accordance with the foregoing action
John L. Brown on Monday morning, January
25th again took peacable possession of his Of
flee as Auditor of State