The Tucson citizen., 1902-01-28
Gov. Murphy Charged
With MalfeaSanCe.
Continued from page 1.)


islature. George w. Nickers. the audi
tor. was examined as a witness before
the committee The following are specl-
mems of his examination:
Q. This warrant (37D was dated
May II. 1899, and ii reads. 'Office furni-
ture for the Governors Office, $l2S,21
warrant drawn to the order of \. O..
Murphy. Did you have any ltemized
statement before you?"
A. NO, sir; | did not"
Q. III that had been instead Of SIPS
SLIPS, would you have paid it just
the same?'
A. There would not have been that
much in the fund perhaps"
O. But if there had been that much
in the fund.-"
A. Yes. sir
0. II ask You If warrant 454, for
money paid by the Governor for neces-
sary contingent expenses of the Gov
ernors office June LIST to June so, 1899
1899, $325. Act 60, Subdivision ), Laws
1925. Act So subdivision s, Laws
%. 1899, for $325. if that is the only
bill you had for this expense
A. That is the only bill had for
this expense, and issued Il under the
same authority as the last one.
Q. And If that had been for 1926.
YOU would have issued it just the
same?"
\. Yes. sir. believe that l could
under the law
1t is respectfully submitted in sup
port OF the charge that:
ca Such warrants were issued with
cut authority of law,
The money appropriated by suhdiVi-
sion OF section /, Of the Laws OF
1899 was appropriated for the printing
OF election and other procamations,
and for rewards for the apprehension
OF criminals and escaped patients and
expenses incidental thereto. anu for no
other purposes whatsoever.
tap The words. "all necessary cX-
penses." are qualified by the particular
words whicn precede. They mean, all
necessary expenses incidental 10 the
printing of prcclamations or rewards
for the apprehension of criminals and
escaped patients. This is an element
ary rule of statutory construction
(b) Subdivision 9. directly follow
ing subdivision S. and in express terms
appropriatins $625. for the office con
tingencies OF the Governor absolute
lv excludes sucL an Interpretation OF
subdivision as would permit any OF
the moneys appropriated by it to be
arplied to The office contingencies on
the Governor. "All necessary expenses
could not possibly mean. "Ot1re con-
tingences of the Governor.
(c1 Even if subdivision should be
held to appropriate money for the pur-
poses for which these warrants were
drawn. still the funds were drawn out
of the Territorial Treasury without au-
thority OF law for the reason that the
items of the respective claims were not
specifically or fully stated and set out
as required by paragraph 29G2 OF the
Revised StatutueS: and further. be-
cause no voucher setting forth each
ard every item covered by said claim
and certified by the Governor. accom-
panied the order for the warrant as
REQUIRED by section 2914 Of the Revised
Statutes. supra
1t is obvious that the Legislature has
endeavored % throw every possible
safeguard around the disbursement of
public funds. and that the Governor
and his audit II in drawing these funds,
have given no heed whatsoever to the
laws of the Te 'ritOry
OBJ The proceeds OF the warrants
were applied by Murphy to his own
personal use.
la) Under his own theory of the
law. this fund was to be expended by
himself; and the warrants were to be
isued to him by the Auditor upon his .
mere order without exhibiting to such
Auditor any voucher or itemzed state .
ment.
The language of section . Of the ap-
preparation act above quoted. requires !
every officer disbursing public mon +
eys under the provisions Of svch act, |
at the end Of each fiscal year to file !
with the Auditor of the Territory an
ite mized account under oath. show
ing thes several amounts paid by him
out of the public moneys in his hands,
to whom paid and for what purpose;
and. also. to fiIc with said account,
proper vouchers for each item therein
mentioned.
This account the Governor has not
filed, nor has he filed any vouchers
whatsoever for any of the moncY
claimed by him to have been expended
for public purposes.
Testimony OF NickcrG. Auditor, b.
fore Legislative COmmittee.)
If trustee has funds in his charge
as trustee. aud is required by law to
account for them. and. upon t"mand,
fails to make such account and yet adj
mits that such funds are no lOn%e in
his possession as trustee, it is pre-
sumption of law and fact that he has
converted such funds to his own use.
Governor Murphy's failure to file this
verified account as required by law IN
connection with the fact that the war
rants were drawn To his own order md
cashed by himself is evidence that he
applied the money to his own personal
uses.
tb) The last Legislature. hy reason
of the aforementioned facts. PASSED
law (Rev. St 1901. Sec. 274-9 making
it the duty OF the Attorney General OF
the Territory to institute suit ag'nst
the Auditor for issuing warrants with
out authority of law, and against /th"
person in whose favor such warrants
might be issGtd. to recover the mon
eys SO illegally paid. The act provided