The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1890-06-20
The Archer Case.

Gov. jackson, in his testimony
before the Archer Investigating Com
mittee said he was very much surprised
when he learned that MIR. Archer had not
filed his bond until about twenty-five months
after he was required to do 80 by law. The
into office that he was required to examine
the Treasurer under oath, but the fact had
slipped his memory. Everything else requir
ed by the Constitution with regard to the
State Treasurer was complied with except
the examination under oath.
The report, of the committee which was
published in the Baltimore Sun last Friday,
while temperate in its tone, is couched in
plain language and does not seek tn excuse
any one.
In regard to Gov. jackson the report
says
"But let the legal result of this failure on
his part to qualify and bond be what it may,
we trust your Excellency will not take it as
any evidence of want of proper respect for
you, when under constraining sense of our
duty we feel bound to say that in permitting
him to take the oath of office and in APPROX
ing his bond and suffering it to be dated back
as of a day when, in point of fact, it was not
approved, grave error was committed. 1t
is source of satisfaction for us to feel, and
to be able to declare, that this error was
committed without the appreciation of its
seriousness which a professional training
would have awakened in your mind. Nor
can it escape public criticism that Mr.. Ar
cher was permitted by your Excellency to cct
as Treasurer during this long period, without
taking the oath of office and filing within the
time indicated by the Constitution his official
bond"
The report then makes recommendations
as to the proper disposition of the securities
of the State and closes as follows:
ITO be called on to investigate the malfea-
ssnce of high and trusted official who had
long enjoyed the affection and the confidence
of the community, and with whom some of
US held relations of close personal and poit-
ical friendship; to prefer grave charges, of re-
peated, systematic and deliberate msappro.
priation of the States securities against
him, and to find these charges fully sustain
ed; to develop in the course of our inquiries
that other high officers of the State had, for
years, unfortunately overlooked in their
overwhelming confidence in the supposed ap-
proved integrity of their associate, the safe
guards placed by law around the public
funds, and by their inattention to the duties
prescribed for their official guidance, had ia
ciitated the misuse by him of the States Sc
curities and delayed the detection of his
misconduct; and to be compelled by the OBJ
legation of public duty, as the selected repre-
sentatives of the General Assembly, to put
upon record these deplorable results of our
examination-is task from whose perform
snce we would most gladly have been excus-
ed"
On Tuesday the Court of Appeals heard ar
gument on the appeal from Judge Stewards
decision in the case of the State Treasurer.
Judge Stewart sustained the demurrer to the
indictment which charged Mr.. Archer with
embezzlement. 1t was argued that the stat
ute under which Mr.. Archer was indicted
does not apply to the State Treasurer, al
though including within its provisions all
other receivers of public money who are COM
PEELED by law to make returns to the Treas
urer.
The case in the Court of Appeals was ar
gued by Attorney General Whyte and States
Attorney Kerr for the State, and by Bernard
Carter and Edgar II. Cans for the defense.
1t is stated that the decision will not be
rendered for several weeks.