Omaha daily bee., 1896-07-05
CORNISHS FAMOUS LETTER
Epistle of Present Interest in View Of
Later Developments.
HE EXCUSES TREASURY DEFALCATI0N
Ex-Assistnnt city Attorney on Record
as "a Defender of Public
ing and Criminal Neglect
of Onicinl Duty.

On June q, 1895, ten days after the detail
cation in the city treasury had been uncov-
cred and the ex-treasurer had confessed him
self an embezzler, h. j. Cornish, in the
absence of City Attorney Cornell, addressed
the following remarkable letter to Mayor
Bemis in response to a request for Informal
tion as to his official duty in the matter.
In the light of more recent developments
in the investigation into the late treasurer's
books, the disclosures of diverted city
money, misrepresentation of interest on pub
lie funds. the two sensational trials of
Henry Bolln with their incidental accom-
paniments of jury fixing and outright
bribery, the verdict of guilty of embez2le-
ment of S115, 900 of public moneys, and the
sentence of Bolln by Judge Baker to the
penitentiary, this letter becomes all the
more remarkable.
e. j. Cornish, the author Of this letter,
the a~pologist for embezzlement. the de-
fender of defaulters, is now asking re-
publicans of this district to make him their
nominee for congress Before voting for
delegates pledged to promote his candidacy,
every republican will do well to read over
carefully Mr.. Cornish's famous letter and
determine whether it commends him to
public confidence.
OMAHA, June 81, 1~S95.-George p. Bemis,
Mayor, City: Dear Sir-In response to re-
quest for information as to your legal duty
in the matter of Henry Bolin, city treasurer,
permit me to state:
Section 80 of the charter provides that the
treasurer shall keep all money in his hands
belonging to the city or school district sep
arate and distinct from his own moneys,
and prohibits him from using any such
money or any warrants or other securities in
his custody or receiving any interest thereon
for his own use or benefit, and provides
further that any violation of said provision
| shall subject said treasurer TO immediate re-
moval from office by the city council, which
is authorized to declare such office vacant,
and the mayor thereafter, with the consent
of the city council, shall appoint a successor.
By this provision the city council alone can
declare an office vacant.
BY section 172 of the charter power to re
move any oficeholder from office for good
and sufficient cause is conferred upon the
district court. In such case the mayor must
make and file with the clerk of said court
proper charges and specifications against the
officer sought to be removed, alleging that
he is guilty of malfeasance or misfeasance
in such office, or that he is Incompetent or
noglects his duties, or that for any other
good and sufficient cause stated he shall be
removed from his Office. On the filing of
such charges a writ is issued out of said
court, returnable not more than ten days
after the service thereof. and if good and
sufficient reason is shown the court will re-
move such officer from his said office. Dur
II II DSLu1hN VI S'Ni 'AS
court may by order suspend the officer from
the duties of his office.
MIR. DOlln has rendered unnecessary
any such proceedings by rendering
his resignation, which has been accepted
by the council. Until a successor is APP
pointed, confirmed and qualified Mr.. Bolln
and his bondsmen Will be liable for the
custody and safe keeping of the city's money.
Any talk in the press or upon the streets to
the effect that the bondsmen of Mr.. Bolln
ara ralpaSad from all further liability on
their bond from the time Mr.. Bolln rendered
his resignation and it was accepted is i'll
advised and not the law.
Permit me to state further that powers
conferred upon a mayor and penalties pro
yided by law are intended to subserve a use
full purpose and not as a means OF persecu-
ton. That Mr.. Bolln has violated the law
is beyond question. That the law ought to
be rigidly enforced by a city treasurer is
also beyond question. 1t should also be re-
membered that Mr.. Bolln has lived in this
city for thirty years; that up to two months
ago no man had a better reputation for in
tegrity than he, and no official had a better
record in the performance of his official
duties than Mr.. Bolln. II a reputation Is to
avail anything it ought to be in circum-
stances like the present. Now. he has lost
his reputation, his record in office during
several terms past is sullied, his property is
all turned over to his bondsmen, his means
of livelihood are suddenly cut off, and his
sufferings are such as but few endure,
To attempt further punishment wOuld
look more like persecution thnn the
performance of II duty.
During your term of office you have es-
tablished a reputation OF hewing close &c
the line of right regardless of political mach
nation, and therefore, of all men, you
should endeavor to disregard the harangue
in the city council and the paragraphs In
the newspapers, all of which are so evidently
intended to work up sentiment favorable tC
W ri,,,c poIitinaI mpvpmpDtS this coming fall
To you, fair minded as you are, the misfor-
tunes of one man are not to be used tC
achieve selfish political ends of others. In
the case of Henry Bolln there are a number
of eXtenuating circumstances. There Is nc
evidence thus far that any record has
been mutilated or falsitied in the least
The shortage of that office appeared
in the first hour of the investigation
the same ~ after n thorough ana
Investigation. There was nj
attempt to cover or hide a single act. Hind
Mr.. BOIIn intended to steal there
would have been attempts to cover
and conceal, all of which are lacking
in this cnse. Had such been his in
t%entiOn there IL no reason why his
shortage should not have gone III
into the hundreds of thousands In
stead of ns 1T Is. 1t IL now evident
that not only the city will not lose
men are not likely to lose IA dollar In
this matter.
The newspaper reports to the contrary
Notwithstanding, j have never received
an advancement on my salary. but II
was simply because l never needed 1t
Had 1 been in need of IL tenn
porary advancement ON my sal
AIRY, which would he due the
following month, nen BON" m.
without the least danger of loss to any
person, because my salary would be forth
coming to pay the debt, and in this, ht
would have but followed a custom tina
has been in vogue as long as the oldes'
oficeholder can remember in this city
This custom Is wrong in a business line
and believe it fortunate for the city tina
the present publicity given to 1t will stoI
it in the future. Prior to Mr.. Bolln's ad
ministration the law was just as severe
against the city treasurer using the money
of the city to make a profit to himself
thereby as at present. Yet in the previous
election, wherein John Rush and Mr.. Me
Shane were contestants, when the salary
of this office was only 81, 400, we had the
most spirited city election as between thost
two contestants that we have ever had
Both of them were as honorable men al
could be found il the city of Omaha, bott
of them gentlemen, capable of commanding
high salaries and making large money IL
the usual business, and yet in all proba
bility the campaign expenses or either O
the parties amounted TO more than theil
salary, and the contest was looked upon by
people of this city as a bank fight rathel