Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1897-01-14
rus COWS SPECIAL.
Ne Mskes . Few RemarAs Regarding TIRE
State FunAs,

Gentlemen of the House Of Represen-
tatives:
Since assuming the duties Of the ex.
ecutive ONCE, an important question
has arisen concerning the approval Of
the treasurer's bond, to which I desire
TO call the attention Of your honorable
body. Chapter Is, Section 1873, Of the
compiled laws, provides that the bonds
Of all state and district officers shall be
approved by the governor, or one Of the
Justices OF the supreme court. This
was amended In 1891. Chapter LAT,
Section l, OF the session laws OF that
year provides that the bonds of all state
and district officers except the bonds OF
the attOruey general shall be approved
by the governor, attorney general, the
presiding Judge, or, in his absence,
another judge OF the supreme court l
now have under consideration the APP
prevail Of the bond of the present treas
urer but have not yet given assent to
the approval Of the instrument for the
reason that am Of the opinion that he
wants to make an exhibit of the cash
In his possession. Chapter Is, section
1883 Of the compiled laws, touching
this matter, provides as follows:
when the incumbent of any Office is
reelected, he shall qualify as above
but his bond shall not be approved I'M
til he has produced and fully accounted
for all public funds and property In his
control under olOr Of his Office during
the expiring term to the person or au-
thOrity to whom he should account and
the fact and date of such satisfactory
exhibit shall be endorsed on the new
bond before its approval"
Guided by this section of the law, l
deem it proper to call for an exhibit Of
the funds ct the hands of the treasurer.
dnd no authority for making that de-
mand myself. am advised by the at
torney gederal that the Legislature Is
the only power which, under the law.
can make such demand. His opinion
Is based upon Section 81, of Article 2,
Of the political code, relating to the
duties Of the territorial treasurer,
which reads q follows:
HE shall, AZ often as required, sub
NIT his books, accounts, vouchers and
funds in the treasury to the inspection
Of either branch of the legislature, or
Of any committee thereof appointed for
that purpose.
Il 10 clearly within the power of the
legislature, therefore, to call for the
showing Of the funds In the hands Of
the treasurer II 90 disposed.
Chapter l52, Section 3, laws of 1895,
provides as follows; ''That at the close
Of the last business day in each month
the state treasurer shall make and de-
liver to the governor q statement In
writing signed and certified by him as
correct showing the exact condition Of
the public funds in his possession, Civ
ing the name Of each bank in which he
has deposited. and with which he keeps
an account showing the amount In ea2 b
bank standing to the credit of the state
which statement shall be preserved by
the governor and filed in the Office of
the secretary Of state for safe keeping.
The state treasurer shall also at the
same time exhibit to the governor all
certificates and all other evidence
which he may have in his possession Of
public money deposited in any bank
with which he does not have an open
account"
It 10 also made the duty OF each of
these banks to forward to the governor
. certified statement of the state funds
on deposit In each banking institution.
Under this law the state treasurer
has submitted his report for December,
showing the state funds deposited In
banks In the state az follows: