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Annual Report of the Comptroller, 1881
Volume 245, Preface 16   View pdf image (33K)
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REPORT OF THE COMPTROLLER OF THE TREASURY. XVI

in which the duty is imposed upon the Comptroller to inter-
pose himself between the Constitution and the Legislature;
and it is imposed in these instances, because he has officially
knowledge of the fact that the Constitutional requirement
has or has not been complied with--in the latter instance, if
not by the officers of the Treasury, he should know whether
by the Governor. The Comptroller is an Executive officer
and must not assume Legislative or Judicial powers, or dis-
charge Legislative or Judicial duties. The Bill of Rights for-
bids him. Entertaining these convictions, I have obeyed and
shall continue to obey, as long as I am Comptroller, the Legisla-
tive will whenever it is embodied in an Act of Assembly, except
I know, as a fact, that the above provisions of the Constitution
have not been complied with, or am informed by judicial
interpretation, that the act is unconstitutional. Two cases
have been presented to me since the adjournment of the last
Legislature, in which I have interposed and declined to issue
my warrant for the payment of the claims ; one case under
each of the above sections of the Constitution. The first is
the case of Samuel Cacy, and the Act of 1880, Chapter 383,
directs the Comptroller to issue his warrant for five thousand
dollars for services recited in the Act. Section 51 was not
complied with in this instance. The second is the case of
Andrew J. George, and the Act of 1880, Chapter 376,
directs the Comptroller to issue his warrant for two hundred
dollars, money paid in error. Section 33 was not complied
with in this instance. I regret that these claims could not
be paid, because of these inadvertent difficulties in their way,
and commend them to the present General Assembly.

Full exhibits of all the operations of the Treasury De-
partment during the last fiscal year, will be found in the
Appendices, and an Index at the end.

Respectfully submitted,

THOS. J. KEAT1NG,

Comptroller.

 

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Annual Report of the Comptroller, 1881
Volume 245, Preface 16   View pdf image (33K)
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