The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1890-09-26

framed this provision of that funda-
mental law. Their own expressions
confirm the unmistakable language of
this section. The provision forbiddng
members of the legislature from bav-
ing in their control, and for their use
and profit, the moneys Of the state
treasury, was not inserted without
deliberation and discussion. 1t was
not the uncousidered reputation of an
existing form. 1t was new provision
and in the original draft its language
ws materially different from that
which was finally adopted. As originally
reported, it read: "7he general assembly
shall constitute the offense of making
profit out of the public moneys or u.s.
ing the same for political purposes by
any officer OF the state, or member or
officer of the general assembly, or any
candidate for election or appointment,
misdemeanor," &c. But as though
unwilling to commit this protection of
the public moneys to the uncertain
action of the Legislature, the section
was subsequently changed. Instead
Of leaving it to the general assembly
to constitute the offense a misde.
meanor, by the unanimous vote of the
CONVENT on it proceeded to directly de.
clare in the constitution sit shall be g
misdemeanor," beyond the power of
the legislature to make it otherwise by
neglect of its duty, by sighting or by
transoending 1t.
Furthermore, in the discussion
which ensued over this clause, it wa.
plainly avowed that its intention was
to prohibit and prevent members of
the legislature from getti ig control
and custody of the state moneys. No
less eminent and sagacious a lawyer
than MacVeagh, late attorney general
of the United States, pointed out, by
way of objection to the sweeping pro-
visions Of the proposed law, that even
stockholders in national bank, com.
peing for the custody of state funds
would be Prohibited from becoming
candidates for the state legislature.
Nevertheless, without division, by
body made up in large part of many
OF the most eminent members of the
legal profession, this provision was
agreed to as now written in the su-
preme law, aud the construction that
is now put upon it was virtually ap-
proved.
WHAT IT MEANS.
If it means anything it means that
no senator nor member of the house
shall have control, custody or use of
the state moneys; if he does he shall be
guilty of misdemeanor, au1 i, dis
qualified from holding office for five
years. That is the off.nse prescribed
add the punishment. The proofs are
to be fonnd on the public records OF
the state, open to all its citizens. The
treasurer's book shows that Delamater's
bank had the use and profit of this
money. He got it while he was a
member of general assembly. l pause
for his explanation or denial. l caal-
lenge his reply. If Senator Delamater
is not the "head' of the banking house
of Dlamater S Co., as his authorized
biography d cares, if he did not solicit
get and have this deposit f.from $50,
100000 to $75,000,00 while he was
state senator, or, if getting it, he buri
ed it in napkin and did not use and
make profit out of it, let him speal
out. But if he did thus fagrantly
violate the constitution and set at def
anc, the sovereign law of the people
he must either withdraw his challenge
to their favor at the polls, or he mus
go down before their condemnation.