The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1890-02-21

can certainly leave no doubt a. to
the entire propriety of his action.
House OF REPRESENTATIVES, US.
WASHINGTON, d. @. Jan. 20, 1880.
MIR. CHAs. z. SCOTT, lola.
Dear Sir: Your favor of recent date
desiring Information ne to the status OF
the bill to make appropriation to pay
members their salary, which war
stolen by the cashier Of the Sergeant
alarms, lie before me.
In reply, will say the bill being lost
by a few votes, motion was made to
reconsider the rate by which the bill
was lost, and a motion was made to
lay that motion on the table. Pend
ing the latter motion the House ad.
journed, 80 that 1t is liable to come up
again at any time.
In my Judgment the bill will not
pass, but compromise will be made
By referring the whole matter to the
courts, which will be no special advan.
tage to those who claim their pay a.
the courts are open to them without
any such compromise bill.
And now If may be permitted to
add my personal view on the subject,
will say, regard the failure to pass
the bill as one of the greatest pieces of
injustice l ever saw. The pretext for
voting against it seemed to be that the
Jergeant.at-arms was not the agent Of
the government-but was the private
agent of the members and had drawn
the pay of members and run of with
it. while the facts are he had given
bonds to the U. s. treasurer for the
faithful disbursement Of all moneys
which may come into his hands by
reason of his office, and was q public
officer In every sense Of the word, and
did not and was not authorized to per-
form a single private duty. The only
reason the u. 3. Treasurer cannot COL
lect on the boEd given him is because
by the reading of the bond the bonds
men could not be held except for
money coming into the hands of the
sergeant-at. arms during the 5Oth Con-
gress whereas it should have extend.
ed to the election and qualification of
his successor. This was the fault of
the U. &. Treasurer, and not the fault
of the members of Congress and they
should not re held for Q dollar lost
through the negligence or carelesssness
of the U. 3. Treasurer in his failure to
take a proper bond.
The talk about the sergeant-at.arms
being the private agent of the mem.
bers, to me is absolutely silly. Why
how can that be the case when under
the statutes the u. b. Treasurer can
not pay a cent directly to the members
but must pay it through the sergeant
alarms, his bonded agent?
Suppose, for an illustration, that it
was in the power of the treasurer Of
Allen county to make disbursing of.
fcer of the trustee of Carlyle township
and to take his bonds for all moneys
that may be placed in his hands, is
there man in Deer Creek township
who would surrender his claim against
the county because the trustee Of Car.
lyle township had ran off with the
funds? Or. suppose it were in the
power Of the treasurer Of Allen county
to make a tax gatherer of the trustee
of Carlyle township and to take his
bonds for the faithful delivery to him
of the tax collected. Is there court
In the State that would decide, in case
the trustee should run off with the
money, that the people of Deer Greek
township would have to pay their tax
again? These, of course, are only IL.
Illustrations, but they serve to make the
case of the sergeant-at.arms plain. The
sergeant.at- arms is, of course, an officer
of the House, and by reason of his of.
flee he is made by law a disbursing Of
ficer of the United States Treasury.
He ran off with.the money intrusted
to him by the treasurer. Are the men,
bers to lose it? Please apply either
one of the above illustrations and the
question will answer itself.
The fact that the members had
signed receipts amounts to nothing
neither in law nor equity, for If it did
ali debts could be discharged by get.
ting receipts, which every business
man knows is not the case.
voted for the bill and am proud Of
it, and if it should come up a thousand
times should do the same thing, pro-
vidipg thought ii the best thing to
do 10 get the months pay due me. If
l cannot get my money in that way
shall vote to take it to the courts.
I believe my constituents would
despise me il were to meekly surren-
der my rights. They would Justly say,
IF Mr.. Funston will not protect his
own rights it is not likely he will pro.
tect ours"
Begging your pardon for this long
letter remain yours etc.
e. H. FUNSTON.