Year: 1864




most important matters of business commit
ted by law to the Attorney General durin
the past year are: Flrst-His duty as a mem
Der of the Board Of Fund Commissioner
to see to it that the interest on the bonde
debt of the State is promptly and faithful
paid: Second-TO represent the State be
fore the Board of Claims, created by the ac
Of April l3, 1853, TO provide Board O
Commissioners to examine certain Militar,
Claims, etc"


! Every intelligent man knows that thes
two matters of business form but q smal
portion of the numerous duties of the At
torney General. But Governor Tod seem
quite Ignorant of the law in regard to evei
them. AS a matter of law, the payment o
the interest on the State debt is not commit
ted to the Attorney General, as every Exec
utive Magistrate ought to know. And tt
represent the State before the Board O
Claims is simply an. additional incidental
duty; and, as 1t requires absence from tho
office, is to be considered subservient to the
duty of keeping this department in readi-
ness for the transaction of its regular and
ordinary business. = go


The first specification which the Governor
makes is based upon the verbal statement
of 0. Cole, the Governors Auditor by ap-
pointment. Upon this statement made In
July last, the Governor has thought proper
to act The evidence in this behalf is, then,
a verbal statement not under oath Though
that would make but little difference), nor
official in its character, and doubtless men,
toned incidentally by the Auditor in sell
laudation. and as convincing the Governor
that he had made good appointment
statement about which the Governor never
made inquiry, and which was of so little
Importance in his own estimation that he,
In his message, "entirely disclaimed any in
tention of preferring charges" against the
Attorney General on account of it. A Gov
ernor who would thus seek to bring a pub
lie officer into disrepute can not be regarded
In any other light than as fool or viii
lain.


The charge is: Neglect of duty as Fund
Commissioner in New York. In answer, ]
propose to inquire-First: How is the At
torney General connected by law with the
payment of the interest on the State debt
Second: What were the circumstances at
tending the performance of that duty?


First: The first section Of the act of
April 18th, 1858, Is. and G. stat. 1859 pro-
vides, shat the Board of Commissioners
composed of the Auditor of State, Secretary
of State and Attorney General created by
article 8th, sec. Sth, of the Constitution,
styled and known as the Board of Commits
sioners of the Sinking Fund, is hereby or
ganized by constituting the Auditor of State
the President thereof, and the Secretary Of
State the Secretary thereof and the said
President and said Secretary shall hold their
Offices during the time. they may respective
ly be such Auditor of State and Secretary
of State; and it shall be the duty of the said
President and the said Secretary of said
Board, with the advice and concurrence in
writing of the other member of the Board, TO
do and perform all and singular the duties
prescribed by this act: Provided, that moth
ing In this act contained shall be SO con-
strued as to prevent a majority of the Board
from transacting any business Authorized
by this act" - .c-- d -.-.. -k.-a-I


BY this section the Attorney General is,
simply, AN advising and concurring Member
of the Board; but in the absence ofeither one
of the other Members, he can, to make a
quorum or majority, act as one of the Board.


Section 9th of the same act provides that
'the President and Secretary of the Board of
Commissioners of the Sinking Fund, are
hereby especially required, authorized and fully
empowered, by and with the advice and con-
currence of the other Members of said
Board, to cause to be paid promptly, ETC.,





the State, etc.


This section makes it the duty of the
Auditor of State and Secretary of State to
pay the interest, and to act with the advice
and agreement of the Attorney General in
all matters pertaining to the various steps
to be taken to that end. The Attorney
Generals duty consists in advising with the
Board rs to the transmission of the funds
to New York, where they should be deposit
ted, how drawn out, by whom, and If not by
the person to whom the interest is due
what authority the Agent or Attorney
should present, and in the absence of either
the President or Secretary to assist the one
present in paying the interest, and, gener-
ally, to consult with the Board as to the
best means to keep up the credit of the
State.


These are substantially the duties of the
Attorney General, prescribed by law, as one
of the Sinking Fund Commissioners, in the
paying of the interest on the State debt.


Second: In the latter part of June and
December of the year 1863, went to New
York city, as had been the custom of my
predecessors, to do and perform what might
be necessary in the payment of the interest
In July, both the President and Secretary
of the Board were present and performed
their duties as Especially required' by the
act. The Attorney General was also pres
ent at the Agency in New York, and assist
ed so far as his services we're called into
requisition by the nature of the business.


The duties of the President and Secretary
of the Board are, as general thing, to
sign checks upon the bank where the fund
is deposited. The State Agent receives the
receipts of the applicants, and clerk
makes out the checks. ". ss..lslaA


The time prescribed for paying interest
is fourteen days, but six or eight days
would be amply sufficient. Usually the
great bulk of the money is paid the first three
or four days. This has been the case In
both instances in which have participat-
ed. In July, in that time over three hun.
dred thousand dollars had been paid, ant
generally from twenty to thirty thousand do
lars is returned to Columbus nodemand be
ing presented by some hold i ri tthe bonds
So that it will most generally happen tina
after the sixth or eight day not more thar
twenty or twenty-five thousand dollars re
main to be paid out. In the present month
I remained in New York until the evening
Of the 9th day. When / left, over thre
hundred and forty thousand dollars ha'
been paid. A


4 While transacting this business, the Mem
bers of the Board usually relieve each othe
for short periods. In July, o. Cole, tn
President Of the Board, and from whom tn
lGoyernor receives his statement, left tn
city of New York early in the month, {
Visit his family in some adjoining Statt
and during his absence, l officiated with Tn