Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-01-14

~ required tnae tho txaminailon made
shoald be nled with the governor in the
case OF the treesuiers and auditors, and
not IN the case of the territorial public
inatitutions? The examinations proyid-
ed Tor are as rigid in case OF the pubIic
institutions, and the examiner is gwen
greater powers, since he is permitted to
inquire into the purpose of the
items OF expenditure, reaching al nat
only the system OF book keeping and the
honesty OF the superintendent and ate
ward as financial agents but the entire
management of the institution; while in
0 .He Of auditors and treasurers he is only
required to examine into the honesty OF
their official transactions, and the cor
sectness OF their accounts as auditor or
or treasurer and not into the fiscal af-
fairs Of the county or territory. The
examiner is also required to make an
examination OF the territorial instltu-
tions ct least twice year, while in case
OF enditor end treasurerE he is not re-
CURED to make an examination but once
Year. Ii there is any importance at all
to be attached to the fling OF such exam
nations with the governor and making
reports to him it would seem to OBJ
tain with as much force IN favor OF the
examination OF the public institutions as
that OF the treasurers and auditors. The
people are as much and as directly in
terested IN the proper conduct end man.
agement OF the territorial II istituticns. Z
and thet tt, putiie lni ,is sisil he as
safely and honestly accounted for by
them, as by the auditors and traasnrers
OF the various counties and OF the terri
tory.
Bot there are other words OF this seq
tion which throw light upon its
construction, The provision including
the words already given, reads;
The said examiner shall report to the
governor the result OF his examination
waich shall be Aled in the executive
office as we'll % any failure OF duty by
financial officers, as often as he thin ks
required by public interests What is
meant by The wor is, "aa we'll as any fall
ore OF duty by financial officers as often
as he thinks required by public inter
csts r Why are the words "iinanoisl
officers" used il the examinations re-
qnised to be filed were the examinations
Of financial officers only In other words
II the term financial ofiicers' shall be
held to include auditors. treasnreis and
such officers as have especial charge OF
finance proper, as / am inclined to think
10 should and the examinations required
TO be sled with She governor were the
examinations OF such officers, as is cop-
tended for by plaintiff. would it not
have been the natural statement OF the
eeetions after providing TOR tina. fling zes=
suuh examination, 20 haye continued ssas
well ca any failure of duty by such
oncers I? or In other words why repeat
: financial officers" If those of whom he
officers only2 Ii is plein to my
mind that the clause as to fling
examinations with the governor uas i'm
tended to apply both to the examina-
tion Of the public institutions, and to an
examination of the auditors and treasur-
eEs. It is no unusual thing in legisla-
ton to make provision refer to more
than one independent preceding clause.
II the two sections had been one. the
construction would have been compara-
tiyely easys bUt sections as we'll as
punctuation marks are often the work OF
! an enRrossing clerk and sometimes OF
the printer; and courts do not heed
the latter, and will so arrange the form
| or as to give the intended meaning.
Our own supreme court in Brown 90.
Y. Aberdeen, determined at the October
term 1886, took the proviso away from
| the second section to which it WAS ap.
pended, and appended it to the fret
section OF the act, ID being plain from
the context that 1t. was intended to
modify the first and not the second Sec
sion. 1t requires far less transposi-
ton here where il is evident that the
clause is intended TO modify both pre-
cedlng sections. And what has been
said as to fling such examination with
the governor applies with its full force
20 the action of the governor, upon anch
| examination. He may, upon the fling
| OF sach examination. "eRuHe the results
to be published or at his discretion take
such action for the public security, as
the exigeney may demand" It follows
\ that II the examination to be fled with
him, is both the examination OF the
territorial institutions and Of the audi
| tors and tressurers, that he may exercise
sueh power as is here piye n, upon the.
persons whose examination is SO filed
with him. What power is he permitted
TO exercise by these words? It is evil
IDENTITY intended to confer upon the execu-
tive discretion; it expressly says SO, and
the discretion is unlimited by the
words which follow; but he is
| Fat his discretion to take sueh
action as the exigenoy demands Heia
made sole judge OF the ex:gency, and
what action he will take; what power
was intended by these words to allow
| the exeGntiye to exercise There must
be limit some where: il could not have
been intended to authorize him to fine
or imprlson these recusant officers; such
attempted exercise OF judicial. power
would not only be violation OF funda-
mental law, but would shock the lay.
mans view OF Justice and OF right. These
words must, however, have some mean
ing Il it is possible for the courts to give
them 5uoh construction.
DwarriH on statutes, DoEnats rules,
i The plaintiff says they mean that the
governor is hereby given choice Of
remediss provided by the statute for the
punishment and removal of offenders.
/ This would be giving to the words re-.
dundant force, for the executive as we'll
as any other citizen may set she machin-
cry OF the courts in motion for the
punishment Of any offender, but upon
examipation OF the statutes am unable
70 ind sny provision by which the gov
ernor may take any atep for the removal
from office, or for the punishment OF
such offenders. By chap. 1. Title 5. OF
the Or. Code OF Proc, ii is provided that
the grand Jury may presens an acousa-
ton IN writing against territorial, conn-
ty and municipal officers for misconduct
in Office, and Issues may be formed By
IL ans uya ~ ha daR DO