Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1891-11-13
End Of the Extra Session.

In the Senate Chamber of the State oI
Pennsylvania at Harrisburg, last Thursday
and TO the Senate assembledlin extraord
nary session, Attorney Gilbert talked al
day in defense of State Treasurer Boyer
and next day, Friday, Attorney Generai
Hensel talked nearly all day for the prose
cution, and then the Senate adJournel
till Tue sday.
On Tuesday morning, Senator Gopln
offered the following resolution.
Whereas, the Senate Of Pennsy lvania hav-
ing been conyered in extraordinary sess-
ion for Executive business on October Is
A. d., 1891, his Excellency, the Governor.
did thereupon transmit to this body his
message. wherein it appears that tne
business for which it convened as aforesaiI
was the investigation of certain charges q
official misconduct fully set forth IN SAID
message against Henry *. Boyer, otal 9
Treasurer, and Thomas McCamant, Audi
tor General, and against certain Magis
trares of the city of Philadelphia with
view to addressing the Governor asking fCr
the removal of said officers; and
Whereas, each of said accused Officers
appear and make answer denying the Jur-
isdiction of the Senate TO investigate any
of the said charges and to address the
Governor ss aforesaid, for or by reason ol
anything in said proclamation and messae9
contained, and, also. denying each ana
every one of said charges; and
Whereas, this body having postponed
the consideration of The Question OF Jur-
isdiction in the premises, did proceed 70
make full and complete investigation OF
said charges against Henry x. BooyeT,
State Treasurer, being assisted throughout
its said Investigation by the ATTORNEY
General Of the Commonwealth, and
Whereas, The Senate has now heari
full argument upon said question OF Juris-
diction and has fully considered the same;
therefore.
Resolved, That as the said charges pre-
ferred by the Governor in manner aiore-
eaid against the said officers are charge
of misdemeanor in Office, for which SAID
officers could be proceeded against both
by impeachment and BY indictment and y
convicted thereof, in either of said way ,
could be removed, the Senate had no jui-
isdiction. under section of article of
the Constitution, in this proceeding. to il
ouire into, hear and determine said charge
Of official misconduct, and to address the
Governor asking for the removal OF SAID
officers by reason thereof, and thereby 10
deprive said officers Of the right oil trial Dy
jurv guaranteed to them under article 6, or
to trial in regular proceedings by inl-
peachment in accordance with sections j.,
3 and 3 of article of the Constitution.
Before a vote was taken on Mr.. Gobin's
resolution, Senator Ross offered the foi-
lowing as a substitute:
Whereas, The testimony and evidence
produced before the Senate of Pennsylya-
MIA during the progress of the inyestga-
ton as to the official conduct Of Henry X.
Bower. State Treasurer, in his managemert
of bis Office and the performance OF his
official duties, discloses the following facts
to be true.
Fist-That Henry X. Boyer, who has
been State Treasurer of Pennsylvania
since May, 1890, although acquainted with
the mandatory pre- rcvisions Of the act Of 6th
of June, 1888, and amendments thereto,
requiring the balances in the sinking fund
to be used for the purchase of the loans "i
the Commonwealth, or when not practice
BILE, to secure them in United Statesbo ],
b. as not invested dollar of these money J
| in Government bonds during his admin
tration, although he has had, continually (,
an uninvested cash balance in the sinkir z
| fund of about 81, ,500,0 900.
/ DcCOuu-l uht Acniy ~ Ivy Oh "h'ic > =
was State Treasurer and a commissioner oi
| the sinking fund, arranged with his CASH
| ier, William Livsey and with Deputy State
| School Superintendent John q. Stewart, 10
have warrants for $4,000 drawn upon
| the State Treasurer before the close OF
| the school appropriated one year for tic
sole purpose Of preventing the amount Of
money from being paid into the sinkiD 2
| fund as required by law; and that although
| the said warrants were not paid or pre-
| sented for payment before January 2, 1891
they were charged upon the books Of the
Treasurer and their amounts deducted
from the balance Of the general fund on De-
cember 81, 1891.
Third-That although familiar with the
law Of May z, 1889, requiring city and
county treasurers to make quarterly re-
ports and payments of all moneys receiy-
| ed by them for the Commonwealth, the
said henry X. Boyer failed and neglected
to enforce the provisions Of the said &C
and permitted John Bardsley, Treasurer
of the city of PHILADELPHIA to retain in his
hands after the first Monday Of October, Is
80, large sums OF money collected by him
for the Commonwealth, and such payments
as are directed by the said act, and with
out any account or settlement, as provided
by the said act, being sent TO the Attorney
| General Tor collection, and without inter
est or penalties being aided and without
forfeiture or abatement of commission,
and in consequence of these facts d million
Of dollars or more has been lost.
Fourth-That, although the act Of June
l, 1889, regulating the collection Of per
sonal property taxes is in full force an
effect, and the said Henry K. Boyer VIZ.
acquainted with it's provisions he nevol
enforced the provision Of the seventeenth
section thereof, and permitted the Trea5
urer Of Philadelphia TO retain in his hands
the collection Of personal property take
made by him for 1890 without any pay.
ment made on the first Monday ofSeptenl
ber, the second Monday of November, 81
until December 30 1890, leaving still du,
and unpaid large proportion of said mon.
eys TO the State at the time John Bardsle,
went to jail, six months after the time fl.
eb by law for their payment.
Fifth-That Henry X. Boyer, while acs
ing as State Treasurer, has exercised hi
own judgment AS to whether laws enactet
for the management OF his Office and re-
quiring certain duties for him are wis,
and practical and has declined to obey
them or enforce them, declaring as res
son therefore, that they did not meet BIZ
approval, and claiming the right to holt
in disregard the provisions OF TIE act o
1889, because, as be AYERS, the custom anS