Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1891-11-27

The provision of The state constitution
that the ."'powers, duties and compensa-
ton Of the treasurer shall be prescribed
by law" was held to imply that no such
duties or powers were already prescribed
by common law The legislature might
at any time make any rules it saw it. 1t
might provide that all moneys due the
state should be paid to the treasurer at his
office in Madison in cash and kept by him
In the vaults. 1t has not done so because
1t would be manifest injustice to make
the treasurer an insurer of the funds and
so handicap him in their management.
The only defalcation that ever occurred in
the state treasurer's office came as the
result Of keeping the greater part of the
funds in the vaults ana thus placing
greater temptation before employees. The
recant act of the Legislature regarding the
deposit of funds in banks was cited as
showing that the keeping of the funds in
the vaults was not thought good policy.
The different provisions of the statute
defining the duties of the treasurer, were
read and commented upon. 1t was cIai IL
ed that there was nothing in the statutes
that required payments into the treasury
TO be made in currency. If other paper
could perceived it could be KEEP as money.
The treasurer was nowhere required to re-
port the kinds of money On hand, but onIy
the amount. 1t would be a fair compli-
ance with the law to show that the mon
eys were available, whether they were in
vaults in the capitol or bank vaults in
Milwaukee. The statutes referred always
to amounts, not to kinds, of money. They
are the same for all treasurers, and anv
other construction would make it nsces-
sary for the identical coin and paper used
by the farmer to pay his taxes to be turn
ed over by town and county officers and
transported to the tveasurer's vaults. Il
would prohibit the changing of bills for
the purpose of facilitating business.
A section of the statute was read pro-
viding that where an officer in good faith
tenders to the examining board as money
checks or drafts that have deprecated
since being taken by him the resulting de-
felt shall not be prima facie evidence Of
embezzlement
The custom of state treasurers for mlsy
years past, a we'll as county and other
public traasurers, of depositing money
WAS cited and it was claimed that it was
well known, 1t was equally well known
Tie Legislature practically endorsed the
custom during Mr.. Kuehn's term of Office.
Mr., Stark paused to take up the com.
munication of Treasurer William E. Smith
to the legislature of 1869, in which he
stated that there was no public money on
deposit This did not operate in any way
to defeat the legislature then pending as
had been claimed by the state. The ex-
pressi}n public money" was to be taken
literally, Almost all thetunds that came
into the treasury were II the shape Of
bank exch mge and this was disbursad by
drawing against it from time to time,
Mr.. Stark insisted that it was unfair to a
man of Mr. Smiths honor and reputation
to impute motives of Influencing the legis-
Iature to him.
Mr.. Bashford-On the day when the bill
was on its passage he suggested that it be
referred to another committee.
Mr.. Felker-Suppose he aid; were the
Legislators dupes enough to be fooled by
him?
Mr.. Bashford-They seem 20 have been
in the assembly.
Mr.. Falker-I don't believe he could
have fooled even you, Brother Bashford.
This was the only exchange of compli.
ments during the afternoon.
Mr. Stark continued by referring to
OF er legislation proposed to authorize
county and other treasurers TO deposit in
banks aud turn over the interest. Tie
reason that the legislature did not make
the change was because it considered it
too radical, as it relieved the treasurer Of
his absolute responsibility and substitute.
ed the responsibility of banks. Changes
IN the law at the time of the revision of
the statutes seemed to be intended to
facilitate the taking of interest. Among
other alterations the provision
requiring the treasurer to account for
all fees and other perquisites," was
changed by striking out the words land
other perqli&ites.' Tie act of the last
legislature warranted the inference that
without new legislation the state was not
entitled to the interest on the deposits.
At this point in the argument, court ad-
journed until 10 o'clock this morning.
Mr. Stark will speak an hour or more
longer and will be followed By one of the
attorneys in the Harshaw case who will
doubtless. occupv the rest of the day.
STRUCK BY \ TRAIN.