Capital journal. (Salem, Or.) 1893-1895, 1893-12-11
THE LESSON ron oBkaoN
No Custodian of Public Ftinds Must
Loan Them Out.

Oregonian Editorial: A situation
that has been we'll understood In Port
land for several months, In regard to
public funds, ,ls rapidly coming to head.
The indictment Of Mr.. Markle and of
Sheriff Kelly upon a charge Of "embez
zling and converting to their own use
moneys belonging to Multnomah coun-
ty," cannot be understood In the literal
sense of the words employed in the &C
cusation. Nevertheless, the fact re-
mains that very large sum of money
belonging to the county has been 80
placed that it cannot be had now when
1t is wanted. 1t was deposited by
Sheriff Kelly with the bank of which
Mr.. Markle is president, most Of 1t early
last summer, when the financial pres.
sure began. Other deposits, which it
was expected would be maintained at
the usual average, were depleted, and
the "run" carried away also the coun-
ty's funds. 1t would be absurd to sup
pose that there was any criminal in
tent. 1t was condition new to the
experience of those who were caught
in it, yet not new to the large expert
ence of fin nee and banking.
The error arose in part from the
habit, long prevalent here, of accept
ing as sureties of public officials those
with whom pubic money was to be
deposited, and in part from the habit
of treating public moneys as loanable
funds. The position of Sheriff Kelley
is such that we cannot see how he can
longer hold the office of sheriff. This
is said with regret, for he is man of
good and honest intentions, whose
errors and misfortune have grown out
of situation with which his expert
ence had not qualified him to deal.
The lesson of this situation is one
that was sure to come out of the condi
tions that have so long been prevalent
In our state. There has been a profit
in having control of public moneys,
and the custom has been handed down
from year to year, during a long period.
In ordinary times the practice was fol-
lowed without disaster; but it was sure
to collapse when the conditions should
be ripe for the catastrophe. The lesson
is that no one must expect to make
profit out of control of public funds.
The principle will apply as well to the
state treasury as to the treasury of this
county or city, or any other.
Danger always attends any method
of dealing with the public funds for
other object than that of absolute safe
keeping. Such funds can at no time
be of any proper use to a bank or to q
merchant, and the public official who
supposes that he can allow any use of
them in q private business, even tenn
porarily, commits mistake which is
likely to wrong the public and lead to
his ruin. More stringent laws must be
made for protection Of public funds, as
we'll as for protection of officials against
the temptation to use them in the ways
which custom has hitherto sanctioned.
The lesson now has been taught, and
the amendment will follow. The rule
hereafter throughout Oregon will be
that no custodian of public funds is to
expect to make any profit or gain be-
yond his lawful salary. 1t is simply
the business of the collectors of public
moneys to turn them over to the treas
urers, and the treasurers to keep them,
or to pay them out only upon lawful
authority. The law must more dis
tinctly define and prescribe these du-
ties, and make avery departure from
them a crime,