Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-09-17


being an insurer of the moneys he re-
ceiges against any and al loss The
important ami controlling point is that
1t is the constitution or the statutes
or both, which create ana govern each
special office Of public teasurcrs. The
Interpretation OF our statu.es ought,
ih1 senator said, to be that plain, hon
| est reading which the legislature eX-
/ pectcd They would receive, 10 the end
Of promoting The public interest for
I which they We're enacted
Both in the constitution ana IN all the
/ statutes the treasury Of the state is
treated and spoken Of rs a physical
thing, the public storu-house OF money
i and securities, the states strong box or
/ irou-bomd safety-yaLlt in the capitol,
/ while the treasurer is simply the keeper
{ of this treasury, and nothing more. The
/ constitution says: NO money shall be
1 paid out Of the treasury, except in pur-
suance Of an appropriation by law"
( And from the beginning tue secretary
OF state has been obliged by law ito
carefully examine qualter-yeaTly ihe
/ moneys on hand in the treasury etc,
and Immediately report to the governor,
/ is il impossible TO read these provisions
without plainly seeing said the semi
/ tor, that the legislature intended, be-
yOnd all doubt or cayil that whatever
was received into, should, mtil lawfully
paid ont Of, continue constantly to re
main within, the states strong box, or
the vaults OF the treasury
The treasurer is required to bind him
self and his successors in no terms of
absolute responsibility, but strictly in
accordance with the nature of his du-
ties as 50 fixed by law The condition
is only for the faithful discharge Of the !
duties. etc, by himself, and for the
faithful performance by ell persons APP /
pointed or employed by him in his office |
of their duties and trusts therein; the |
obligation only which every bailee of /
property for hire is under with respect |
to himself ana his servants; and then, /
that he will deliver to his successor in /
office, or 10 amy other person authorized /
by law to receive the same. all moneys /
books records, papers and other artj-
Giles and effects belonging to his said T
Office
Everything here, continued Senator I
Villas, COMFORTS with his character OF a I
mere custodian. He does not engage, /
Ike a town treasurer, Ito truly account +
for and pay over, according to law, all I
moneys which shall come into his hands .
as such treasurer" but only TO deliver
an moneys mt the end of his term be-
longing to his office He is no more the
owner of the money IAN of the fUrni
ture in his office, or the key OF the
treasury vaults.
Suppose the treasurer dies I'm office;
does the state hold the funds in the
treasury, or does his executor or ad
ministrator take them and list the
state as a creditor? Suppose the nd
ministrator found a quantity Of gold
coin which, as during many wears not
long ago was worth a large premium
ia legal tender; could be sell the coin,
dischW the treasury claim with le-
sal tenders and take the amount of
the nrcmiumy or could a treasurer do
the like, who had received gold com
from IL predecessor, or otherwise?
Counsel say, IT is settled doctrine
that the treasurer was made insurer
Of che funds committed to his charge,
which is strong, and we Judge con
trolling ground for our contention that
the moneys in dispute were not
moneys belonging to the treasmer's
office" If it We're true that The state
had made it one Of the responsibilities
of the treasurer that he should ab
#olWoIr answer the loss Of amy Of the
states money committed to his custo
DIV, this would not transfer the title 10
him. The state had power to pre-
scribe amy duties on obligations to the
office, to cntrust its money to the
keeping Of its officer on amy conditions
or terms the legislature saw fit. and
the treasurer who accepts the Office
with IT'S honors and lawful compensa-
ton, takes it also cum onero: he AN
not claim The states Money as his he
cause he has been required and has
agreed to be responsible for its safety
If the inquiry be further pressed Ii
is confidently submitted no such ex
treme responsibility is imposed on the
state treasurer. Flo is answcrahle for !
no loss. not attributable to his or mis- !
servants fault or neglect lIe is no !
insurer Of the safety Of the moneys !
of the state
Senator Villas quoted many cases to
demonstrate the freedom from aas9-
lute liability of the state treasurer mi
Wisconsin He declared that were