The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1891-10-21

peers or the Law Of the land, il Is proposed
70 virtually Try ne, in this form Of proceed
ing, on criminal charges Of alleged misde-
nssnor in office, in direct violation Of the
law Of the land. without fair trial by an
impartial jury Of my vieinage bat before
tribunal not bound by oath or affirmation.
which is governed by no legal rules OF eyi-
denoe, and which is essentially political
tribunal, called together by the Governor in
dne Of great political excitement, for the
purpose Of condeuning me, ard this when
the supreme law Of the land provides two
certain, ample, aud clearly constitutional
methods for removing me from Office if the
truth Of these charges can be proven against
me.
And because il is proposed in this sum-
mary, and respectfully submit in this un-
necessary, unjust and unconstitutional man
ner 10 deprive me of my office snd TO dis
grace me before my fellow rsn, feel con-
PEELED te respectfully direct the attention Of
your honorable body. at this stage of your
proceedings. to the question whether you
have any constitutional power 10 address
the Governor asking for my removal on ac-
count Of said charges of impeachAble Of
fenses.
Mr.. McCamant then relates at great detail
bis relations with Bsrdsley, and denies spe-
cihcally each and every charge made against
him, in the same manner IS at the meeting
Of the Joint Legislative Investigating Com
mittee.
TREASURER BoYER's AsswER.
State Treasurer Boyer's response makes
the same constitutional argument as does
that Of the Auditor General, and declares
that under every administration since the
passage of the act of May Is. 1857, the re-
turns were not made by and accounts were
not settled with the Treasurer of Philadel-
phia during the years within which the
State taxes were assessed and collected, the
reason being that the treasury Of Philadel-
phia was considered a safe depository. He
admits the payment of $4,000 to Bardsley
on December 80 1880, for the common
schools of Philadelphia, but denies that the
act was unlawful or that it was made with
ont due action on the part of the School
authorities of Pennsylvania. The State
Treasurer says
expressly aver that the same was made
upon the certificate made by the Board oi
Public Education Of the First School Dis
trict Of Pennsylvania. signed and sworn by
John NJ. Cambell, President pro tempore ol
the Board, countersigned by James McAllis'
ter, superentsndent OF Public Schools, and
.ttesIed by H. W. HalloweIl, Secretary
This certificate was dated December Dc, 1890
and certified that the common schools Of
said district have been kept open and in
operation, according TO the requirements o.
the school law, for the term oftwelye month:
during the school year ending in December
1880. 1t further named John Bardsley al
the Treasurer Of said school district, who
became such by virtue Of the provisions o.
the Twenty-third Section of the Act O
February ?, 1854. p. L., IS.
BEGINNING OF TIE SCHOOL YEAR
This certificate is on file in the Office Of thu
Superintendent Of Public Instruction. Upor
receipt Of this certificate, the Superintendent
of Public Instruction drew his warrants fo
$4,000, which I duly honored, as l haC
previously advised him l was in condition
to do. Payments of money sppropriateC
for school purposes are made to the city o
Philsdelphia At time earlier than tha
which they are made to the other schoo
districts ofthe State. Through all the coun
ties of the State, other than Philadelphia
the school year begins and ends upon th'
irst day Of June.
In Philadelphia, by act Of February 2
1854, the school year is made TO commence
January lst. The act Of May /, of the sam'
year, insures to Philadelphia its proper shar'
of the State funds, and has never been re
pealed. By virtue thereof the first schoo
district has always been recognized as an in
dependent district, entitled 70 recei We its ap
preparation At the completion OF each cal
endar year. For more than thirty year
each general appropriation act has made I
specific provision for the payment to th'
city Of Philadelphia eff proportion ofth'
school appropriation, and the same specin'
instruction is found in the tenth section o
the act Of May %, 1889, p L. 40s.
IN COMPLIANCE WITH The LAW.
In this latter act the following additional
appears Provided, also, that warrants fol
the above, and all other unpaid appropria
tions for common school purposes, shall b
issued in amounts designated by the Siat'
Treasurer. and whenever be shall notify th'
Superintendent Of Public Instruction In
writing that there are sufficient funds in tn
State Treasury to pay the same"
Under these provisions Of law, and Of th'
uniform and unbroken construction place.
thereon by the Supt Of Common Schools,
and the school authorities Of Philadelphia
am advised and believe that the paymen
of the school appropriation of the city o
Philadelphia. as made by myself. was mad,
in exact compliance with law, and, l ex
pressIy declare, was not made in pursuance
of any corrupt bargain or understanding
with any person or persons whatever, or 70
any dishonest, dishonorable, or unlawful
object or purpose.