Evening journal., 1903-12-26
H. H. WARD SAYS
/. HE WAS INSULTED
lcontinued from FIrst 20

says that the motives for such inquiry
was two=fold; one was to reach, and II
possible, to punish.ysuch person. if any.
as had by criminal means obtained the
public money, the other was TO secure
the data for such amendment of the
law relating to the management of
county finances as would more fully
thereafter protect the public interests
involved; both of these ends were ac-
complshed. But the reason and ne
lcessity for such investigation was the
grave suspicion, which the event justi-
fed, that the body, whose primary
duty it was 70 conduct such an inquiry,
was itself corrupt and therefore in
capable of protecting the county from
the acts of some of its members.
This Different Case.
The case of the accounts Of the JUS
tices Of the peace, he claims. are radi-
cally different from the above three
The members of the Levy Court are
in no way involved by any participation
/ in the alleged attempted wronging Of
the county. It's members come 10 the
consideration of the facts, presum-
ably unbiased. II is the primary duty
Of your body and OF the county comp
trolier to sclutinize these accounts, to
I cite witnesses and investigate them.
and in case a breach Of the law is
found, TO cause warrants 10 be sworn
out and to have the persons involved
held for court. With such duties of
the comptroller and the Levy Court, in
the absence Of public necessity, the at
torney- general has. under the law, no
legal right 20 interfere. Your own
duty to prosecute. in a proper case, for
J criminal attacks upon the county treas
Jury is imperative and uncontrovertible; ;
land upon you and the comptroller this
primary duty rests solely and alone.
III you do not do this. If there be a
proper case. your action may properly
appear reprehensible. And you cannot
escape this duty, both as officials and
good citizens. by attempting by a pub
lie resolution TO throw this burden upon
the attorney general or by trying tc
use him as a scape goat. why COM
Imitments or bail bonds for the culprits
IL any. come to the attorney general
the duty win rest upon him TO present
the. cases 10 the grand jury, If there
lshall appear to him TO be. probable
lcause for the charge. The course above
loutlined is the usual, legal and orderly
Imethod Of criminal prosecutions in this
State, and any person learned in the
law would, i'm the due performance OF
his duty, have been bound to so advise
you had you sought legal counsel be-
fore adopting the resolution I'm ques-
ton.
Would piscredit Him.
, AS TO the manifest attempt to throw
discredit upon the attorney generals
conduct Of his Office apparent from the
resolutions and their surrounding his
tory, probably nothing need be said.
. assume that the public have some
realizing sense Of my conception oN
my duties and my public relations.
wholly repudiate the implication tha
. III am placed by these resolutions upor
the defensive. Mr.. Hollis was the onl,
justice who engaged my services II
{ the matter of their bills against this
county. 1 plainly told Mr. Hollis tha
! If anything Of a criminal nature grew
2 out Of his accounts 1 could not repre-.
sent him. I was engaged primarily Z,
s consult with Mr.. Hilles. counsel fol
' the county comptroller. to endeavor I,
D formulate with him a basis or rule foi
charges Of justices Of the peace in Grim.
s inal cases. the law of which was con
7 siderably in doubt. I conferred witt
a Mr.. Hilles to that end. Afterward. wheI
o the county comptroller, by his repor
e to the Levy Court. charged Mr.. Hollis
generally with other Justices of thl
= peace, with using criminal process 70
0 the collection Of civil debts, / examine,
E into the question as his counsel an,
/ saw no basis for that charge Be
lieving that the Levy Court and tn
S comptroller had inadvertently commit
S ted an injustice against him. l ap
peared before the Levy Court AM
e asked it to reconsider his account wit
j. the object of securing a special repor
, upon his case. and of clearing him fror
{ this odious charge.
In view Of the salary paid to the at
ltorney-g general Of this state it Ia
, never been considered that no shoul
! be disbarred from private practice. n
one who consults the lawyer who !
! filling such Office, upon private bust
mess, should expect to be immune fror
D prosecution for crime. when occasio
demands, judge that no one is s
. foolish as to assume any such absur
{ dity. For the sake Of public decenc,
= must assume, what I hope is IN
fact, that the Levy Court, the publ
, financial body Of this county. was tn
unwftting tool used by some knav
for this public slap at my Office an
me. r .rli7lss-1-'-
The resolutions in questsah refer m
TO my oath Of office I,assure you thi
4 was an unnecessary insult. / hav
; never yet, I'm single instance. durin
my term of Office. either disregarded &
:. lnor have I ever been nor am I now &
a position where L had or. have an
, Temptation TO do so. II you do you
3 lowr duty in the premises under YOU
own oaths, ] viii do mine m turn.
He says that inasmuch as the coui
: lperml ed the publication OF the reso
! buttons IN question before its presenta
/, tion, 70 him, be assuned the -prfyiles
Of giving this letter to the press befor
It will regularly come before the coui
. for consideration.