Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1922-09-22
MALL-STERLING.
LAWYERS A 7 TACK.
STATES CHAR c ES.
CIVIL SUITS TO FORCE FORMER
TREASURERS TO PAY BACK IN.
TEREsT ON STATE MONEY oP.
EMS IN cARRoLLToN.

Carrollton, H., Sept. 22.-Shades of
King Alfred the Great and the Dooms-
day book were invoked by Former
United States Senator Lawrence Y.
Sherman on behalf OF Governor Len
Small lieutenant Governor Sterling
and State Auditor Russell here this
morning in opening the arguments
Tor the defense in demurrers to the
civil suits brought to compel the for
mer state treasurers to account for
interest on funds alleged to have been
withheld
Quoting the laws of the wise King
Alfred and the uoomsday book of
William the Conqueror, Sherman de-
clared the relation then and now be-
tween the state and the state treas
urer is that OF debtor and creditor.
AS debtor, he declared, the state
treasurer is bound only to take and
safely keep the state money and
that he has no constitutional obliga-
ton to account to the state for the
manner in which he handles that
money. His sole responsibility is
that money His sole responsibility
is that he pay back to the state all
the money he has had in his keeping.
And if he does loan it out he is under
no further responsibility for an ac-
counting.
"The treasurer's reckoning comes,
Sherman climaxed with gesture,
when pay day comes
Demurrers to all the suits make the
alleged unconstitutionaiity OF the
laws their chief mark of attack. The
law OF 1908 which will be attacked
first, is unconstitutional, Mr.. Schroe-
der will say, as imposing upon the
state treasurer as constitutional Of
ficer, duties for which the constitu-
tion does not provide. 1t directs the
treasurer to deposit state funds in
banks anG to collect interest which
he said is inconsistent with the duties
and privileges derived from the con
stitution. 1t makes an officer of the
state money broker" and loan
agent whereas the only duty impos-
ed upon him by the constitution is
funds.
'The law of 190S,' Schroeder de-
clared "and later the law of 1919 in
greater detail, places on the state
treasurer the hazardous duty of loan
ing money for the state but holds him
responsible for loss
Lawyers for the defense will open
ba bn
by arguments of the prosecution in
support of the law to which the de-
fense will rejoin, ending the hearing.
While Judge Jones has not indicated
what disposition he will make of the
case, it is thought likely that he will
take the defense demurrers unler ad-
visement.
Sherman and Noah C. Bainum of
Springfield, former chief attorney gen
eral, are here to appear for State
Auditor Russell
Attorneys Frank p. Quinn of Peoria
and Former Attorney General Pat
rick j. Lucey of Streator are here for
Lieutenant Governor Sterling. w. w.
Schroeder of Kankakee is here as
chief counsel for Governor Small, and
Judge owen P. Thompson and John
j. Reeves of Jacksonville will repre-
sent the bondsmen of the three for
mer state treasurers. They indicated
this morning that their contention
will be that bondsmen are not liable
for an accounting. where a conspiracy
is alleged, if bondsmen had no part
in the conspiracy. Other demurrers
will point out that the contract of
sureties on bond were not set out in
the complaint and that no decree for
accounting was asked of the bodsmen.
Sterling was the only one of the
three chief defendants in the court
house before the case was called
The prosecution staff was headed
by Assistant General Clarence n.
Boord and Aston Campbell
Should the judge uphold the demur-
ers, in whole or in any material part,
assistant attorney general Boord told
the A. p. an immediate appeal would
be taken to the supreme court.
Attorneys for both sides agreed that
the case may take many months.
-ItU-ts-~