The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-01
THE COMMISSIONERS, REPLY

To the Members Of the General Assembly
of Alabama.
We, the undersigned members of the
commissioners court of Jefferson county,
having within the past week been informed
through the public prints (and not other
wise) of the existence and contents of the
voluminous open letters to the governor,
with which you are familiar, promulgated
and published by Mr. James G.. Cowan,
who occupies the office of assistant ex-
aminer of public accounts Gas his official
designation Is given in the act creating
his office and in the eode), violently assail-
ing our official integrity In respect of the
performance of our ministerial and ju-
dicial duties, together with the substantial
repetition and rehearsal of Mr.. Cowan's
charges which his excellency, Governor
Johnston, acting upon the information of
that gentleman, was Immediately after
wards pleased to submit to your honorable
bodies In the form of special message,
praying, in substance and effect, our i'm
mediate and summary expulsion from our
offices by legislative enactment, here
by beg your honorable bodies to
be permitted to make you this, the
only answer which opportunity gives us to
make, before you contemplate even step
so radical and extreme and one, which we
hope to demonstrate, is without a parallel
In the annals of governmental administra-
tion under the political institutions of this
country.
Answer Hurriedly Prepared
We regret that the hurried character of
this exigency necessarily renders this an
swer very imperfect and incomplete, an in
Justice to us resulting from the fact that
(as our indictment in terms proposed) our
trial, conviction and expulsion from office.
If the executive prayer should be granted. /.
are to be immediate and summary, with
out time and place set for trial or legal
service ha
OF the accusation, the conviction and sem
tence, as we understand it., to be based
alone upon the ex parte and hearsay state
ments and opinions of Mr.. Cowan, which
seems so we'll to satisfy his excellency,
the governor, of our guilt.
1t remains to future developments. grave
and serious to the last contemplation to
fnd out, when the general assembly of Ala
bama will conduct that sort of trial within
its halls
We invite, just here, your careful consid-
GRAFTON of the most remarkable status
brought into being by these proceedings:
Several years ago the general assembly
created the offices of examiner and assist
ant examiner of public accounts under
laws which may now be found in sections
1876 and 1879 inclusive of the new code, the
incumbents to be appointed by the govern
or AS their titles indicate, the provisions
of these laws, in terms so clear and un-
ambiguous that they cannot possibly be
misunderstood or give rise to two opinions
on the subject, apply exclusively to the ex-
amfnations of the accounts of those officers
who are charged with the receipt and dis
bursement Of public money.
PROVISIONS of the Act
They cannot have a shadow of application
to the acts and doings of any officer not
authorized to receive money owing the
state. or county, unless one of the state of
ficers, specially named In section 1876 of the
code are included because they are custo-
dians of books of accounts. To demon
strate what we say, We copy the material
portions OF the statute: Examiners of
public accounts and assistant examiners of
public accounts. The governor is author
ized to appoint an expert accountant of
known integrity and skill who shall act as
examiner of public accounts. and whose
duty 1t shall be under the direction of the
governor, whenever required to do so, 10
audit and examine the books, accounts and
vouchers OF the secretary of state, the aud
itor the treasurer. the superintendent OF
education, commissioner of agriculture