Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-11

sum it was absolutely obliged to pay.
It exercised this option by choosing to
pay So, 225. 900, leaving $4,000 yet due.
mo Iced will be executed" say the
Secretary naively, until full payment
has been made" But he neglects to
| state that the holding back Of this
SAC, 900 raj simply a dishonest ruse,
| connived at by him, to allow this ia
this valuable property, although using
the same and COLLECTING RENT
FROM THE GOVERNMENT! And not
only is this true, but not one cent of
even the 1925. 900 Gage admits re-
ceiving was ever for a moment covered
into the Treasury as directed by law,
but was Immediately handed back to
the President of this bank by the Sec
rotary to be deposited again in its
vaults! So that the Standard Oil bank
not only virtually owned and con-
trolled and collected rent from the
government from use of this prop
erty, but was permitted to retain the
purchase money and use it as before!
Not a count in this indictment does
Mr.. Gage deny. He merely makes this
plea:
THE payment received was turned into
the treasury by deposit in the National
City Bank, it having been the established
o1.cyop, nf tho &c, n ffio;o1e ,,pSJor +ba
| counsel of their legal advisors, supported
by the decisions of the Supreme Court, to
consider moneys on deposit to the credit
of the treasurer of the United States in
designated repositories as moneys in the
treasury
What Secretary Gage means by this
assertion, which is exactly contrary to
the truth, is past comprehension, unless
Mr.. Gage is guilty of an unworthy at
tempt to confuse technical terms such
as moneys in the treasury" meaning
] government assets, with money Gov
cred into the treasury" which the sum
in question never was, although the
law, already quoted in these columns,
explicitly directs that it should have
been, and makes it embezzlement on
the part of the Secretary when he does
not so turn it in. AS to the law, which
Mr.. Gage is thus apparently guilty
of attempting to confuse, the rul-
ing of the Supreme Court is explicit.
Chief Justice Waite laid down the law
in 1879. In voicing a decision of the
court he said: "The position assumed
is to our minds wholly u%ntenable. The
designated repositories are intended as
places for the deposit of the public
moneys of the United States. y
Although deposited with a bank that
was a designated depository, it IS not
paid into the treasury"
This decision has never been disput-
ed. Only last October the Supreme
| Court. in an opinion handed down by
Associate Justice McKenna, formerly
Attorney General of the United States,
reaffrmed the decision of Chief JUS
| tice Waite and settled the status of the
, national bank and the relationship OF
| the national bank depository to the
treasury of the United States.
Justice McKenna declares THAT
THE GOVERNMENT CANNOT BE
HELD RESPONSIBLE FOR THE
MONEY, BECAUSE, ALTHOUGH IT
HAD BEEN PLACED IN A REGU-
LARLY DESIGNATED DEPOSITORY,
IT COULD NOT BE HELD TO HAVE
BEEN COVERED INTO THE UNIT
ED STATES TREASURY"
Plainly, Secretary Gage is guilty on
every count in the indictment and his
reply to Congress proves that he has
no valid defense. His pleas in extern
uation will not bare a moments scru-
tiny.
Under section 5,49O of the Revised
Statutes. Mr.. Gage is guilty OF the
crime of embezzlement and liable to
punishment of from six months to ten
years imprisonment and a fine equal
to the amount involved.
The least Mr.. Gage a do is resign.
If he will not do this he should suffer
the laws penalty.