The age-herald., 1898-12-16

this act, the sum of nine hundred dollars shall be, and the same is hereby appropri- ated out of the money In the state treas nry; said appropriation shall be paid to the chief mine inspector on his application, showing to the state auditor the amount necessary to be expended for the actual expenses of the board of inspectors, quar- teriv," Nothing in the above requires tSe chief mine inspector to keep or present vouchers to the state auditor Section 2oeS, page SIS of the code of 1896, which is as fo.- lows, fixes the method for drawing funds from the state treasury: "All accounts against the state must be accurately ana fully itemized and accompanied with the affidavit of the party, stating the correct. ness of the same, and that no portion or such account has been paid
 Now what Is the result of my earnest endeavor to faithfully carry out the ia" and comply with the instructions or Au- ditor Purifoy? Ex-Auditor Purifoy, now State Examiner Purifoy, under directioh ol Governor Johnston, condemns me Tor carry ing out Auditor Purfoy's instructions. sA- aminer Purifoy gave me the keynote or the situation the day he came to my once anu demanded my books and papers, when ne said: "This is to be the fight of your ilie. iris clearly evident from that remark that was to Hose out to make way TOT GoV- ernor Johnston's kinsman.
 Governor Johnston charges that nad Vio- lated the law as mine inspector. iAo" ite-9 he executed the law as governor? Seclloh 29 of acts of '96-97 reads as follows: Ihat the governor may discharge a mine lh- spector at any time upon the ming or a written complaint, substanuated by sur ficient proof, for unfairness, unhtness, in- competency malfeasance and appoint ms successor for the unexpired term. Has the governor compiled with this section? II guilty, as he states in his letter, of taking credit for a large sum of money withou. having vouchers to sustain 1t, then shouIu have been arraigned for malfeasance ana tried accordingly. Governor Johnston has not given me the rights guaranteed by article l. section ', of the constitution or Alabama. I defy Governor Johnston 10 bring proof that I have violated sectlon II of an act to create the office or mine ln- spector His only written complaint IS the report of an examiner who told me that his examination was to be "the fight or my life" proving conclusively that he had been instructed in advance. An examiner who reported Ex-Sheriff Morrow, of Jel- ferson county, short sSS0o but which was settled by the board, of which Governor Johnston is a member for $150O This proves conclusively that Examiner furiioy is an incompetent examiner, and on an uh- just report made by said examiner GoVer- nor Johnston forced me to resign. Let us see how yell the governor has executed the law with regard to the appointment of mine inspector Section of the acts or '96-97 amending the act creating the chief mine inspector in fixing the quailncatlohs says: "The chief mine inspector snail De practical miner of at least five years eX- pcrence" It is a well known fact that my successor, Governor Johnstons kinsman' IS not now and never has been a practlcai miner.
 Admitting for sake of argument that should have taken vouchers for all Items pad, as claimed by Governor Johnstoh' oh him for the amount, with the assurance that If he held that should keep vouchers, in future he would never have cause for complaint; this oHer he declined, as he states in his interview, and demanded my resignation with the alternative of removal, without affording me the slightest opportunity to prove that my position was correct. If l was snort Tn my accounts as mine inspector, where IS the justice in removing one man whom he charges with being short $1oS and ap- pointing another man whom am informed was short $400 when he filled the office of mine inspector before, and which shortage I am informed had not been paid up to the time of his recent appointment? Consist ency, thou art jewel, even II Governor Johnston Is not thy keeper.
 I am going to let the courts decide oe- tween Governor Johnston and myself. The state of Alabama owes me as salary for August, 1898, $125, and expenses for July and August, t3S; total, $163. If the courts of the land, after hearing all evidence de- crees that I am due the state the amount set out by Governor Johnston, then the vio- 1ation of the statutes by me was the result of misleading instructions given me by the state officer, above all others, who should have known the law thoroughly and car ried it out. I refer to the late state auditor, John Purfoy.
 I leave this matter with a discriminating public. Respectfully,
 J. D. HILLHOUSE.
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