Brookings weekly register. (Brookings, Brookings County, S.D.) 1898-1903, 1899-04-27

/
| passed at the session. (See Session laws,
1889, p. 2S7.) BY this act all public funds
| OF corporate subdivisions OF the state
| treasurer and the funds OF the state alone
being expected. That this omission was
purposely made Is apparent from the CIR
cumlocat!on employed to cover all other
| officers and all other public funds The
| hrst section OF sad act commences as tol-
| Iowa:
! IL any other officer appointed or elect.
/ ed by virtue OF the constitution OF this
state, or any law thereof, as an officer,
agent or servant OF an incorporated city,
town, municipal township, school district
I or county, or other subdivisions OF TIM.
| state, shall convert TO his own use in any
| way whatever or shall use by way Of IN
! vestment in any kind of property or mer.
cbandise, or shall make way with or secret
any poi.lon o. the public funds or moneys
Passing on TO the third section we fna
J among other things therein provided the
following with reference to the recovery or
benefits: But the person
or persons. body or bodies corporate or
! other association, shall be liable to the
, county, city, town, township or school dis
| trict where funds are deposited in an ac-
ton for the recovery of ali such benefits
or advantage as would, bv the terms of
such contracts or agreement, have accrued
| to such othcer, agent or servant; and pa, =
| mcnt 10 the officer agent or servant shall
| not protect the person or persons, body
or bodies corporate, or other association
against an action of recovery brought by
the county. city, town, township or school
district whose funds are 50 deposited"
1t is plain that the legislature, for rea-
sons best known to the members of that
body, was not then in favor OF giving 10
the state right OF action against the state
' treasufers Tor interest received upon state
funds. This was undoubtedly proper
subject of legislation, and whatever may
be the private views of the members of this
court as to the liability OF such legisa-
tlon, 1t must be remembered that it ls the
province OF the cCurts 10 declare the law
and not to make it. The eighth general
assembly made provision for the payment
TO the state of all interest collected upon
the money belonging 10 the state, ana at
the same session doubled the salary of the
treasurer; this is the first legislation upon
the subject OF such interest to be found IN
our statutes. iSeslon laws, 1891, PIP, 1876.
1881
From what has been said it is apparent
that both the legislative and lndIclal de-
partments Of the government have constru
ed the constitution as requiring additional
legislation, IN order that the state could
recover interest &"
In the state of Georgia the constitution,
Section D OF Article Z, provides as toll
lows: "The receiving, directly or indrect-
ly, by any officer of the state or county. or
member or officer of the general assembly,
OF any interest, profits or perquisites arls
ing from the use or loan OF public funds IN
his hands, or moneys to be raised through
his agency for state or county purposes,
shall be deemed a felony, and punishable
as may be prescribed BY law, a part or
! which punishment shall be disqualified
tion from holding office
In the case of ReFroe ct al, w. Colquitt,
governor, "a Ga. 6lS. the supreme court OF
Georgia, Blanford, justice, decided that
where the state treasurer had received IN
terest on public money IN violation of this
provision of the constitution of the state,
that the state had no right OF action against
he treasurer or his bondsmen tor the re-
/ covery of the interest thus unlawfully Ie
ceived by the treasurer, and on page 62i
the court saws, referring to the interest
thus received: For such money so recely.
ed by the treasurer there can be no recoy-
cry on his official bond against him and his
securities. ." 1t will be observed
that the Colorado decision places some
stress upon the condition OF the statutes
of that state, and the fact that legislation
had been had making the county treasur-
ers liable for such interest and neglectIns
. to make state treasurers liable.
Chapter l52 of the Session Laws Of 1895
clearly contemplates that the treasurer
shall keep the public money IN banks, and
provides for making certain reports to the
governor; also provides that the banking
institutions where the money Is kept shall
make reports to the governor, but does not
make any provision for the treasurer pay
ing into the state treasury any interest
/ he may have received either on time de-
posts or deposits subject to check, though
1t concentrates that he may keep his depo
sits in either way In 1897 the legislature
D. hxy nd Inv oh
took to make provision for the safe keep
ing of public funds. By section of chap
ter l04 they expressly provided for the La
biiity OF the county treasurer and his
bondsmen for the profits on the unlawful
use of such funds. The section read as
follows: The making of profit, directly
or indirectly by the county treasurer out
of any money III the county treasury, the
custody OF which the treasurer is charged
with, By loaning or depositing the same in
any manner, or the removal OF the county
treasurer of by his consent OF such money
or part thereof out of the vault OF the
J treasurers department, or the legal depo-
STORY of the same, except for the payment
of warrants legally drawn, or for the pur-
pose of depositing the same in banks elect
ed as repositories under the provisions or
this act, shall be deemed guilty of felony,
and upon conviction thereof shall be sub.
jected to punishment in the state oeniteu.
years, or fine of not exceeding five thou
sand dollars ($5,000), and shall also be la
bic under and upon his official bond for
the profits realized by such unlawful using
of such funds" but chapter l06, which re-
lates to state treasurers, merely provides
that the treasurer may, in his discretion,
az soon as practicable after the passage OF
this act, and from time to time. designate
repositories of public money. Section, 5
of this act omits to provide that the profits
received on such money shall be turned in
to the state treasury. Section 8 of chapter
l04 10 careful to provide that when a coun-
ty treasurer deposits his money in deposit
tory under the provisions Of this act that
he and his bondsmen shall be released from
liability for, the money % deposited; but
section 7 Of chapter l06, relating TO stats
treasurers, is careful to provide that the
state treasurer and his bondsmen shall NOS
be released from any liability on account OF
depo.iting money in repositories selected
by hin, 90 that the remarks OF the su-
preme court OF Colorado in reference to the
Distinction the legislature evidently In.
tended between the liability OF the county
treasurer and his bondsmen and the liabl.
hty of the state treasurer aud his bonds
men are peculiarly applicable to the condi-