Letter from Attorney General G. E. Harris to Mississippi Governor Adelbert Ames; August 28, 1875

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Letter from Attorney General G. E. Harris to Mississippi Governor Adelbert Ames; August 28, 1875

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People

Ames, Adelbert, 1835-1933 Harris, G. E.Holland, M. L.Osborn, I. N.Rhodes, Travis

Events

Finances Finances--Debt Legislation. Mississippi Legislation. Mississippi. Revised Code of the Statute Laws of the State of Mississippi (1871)Political Office--Appointment to office

Organizations

Mississippi--Executive Department Mississippi--Treasury Department

Businesses

Publishers and Printers Publishers and Printers--Van Beek, Barnard & Tinsley, Stationers (Saint Louis, Mo.)

Occupations

Attorneys General Secretaries Treasurers

Places

Mississippi--Hinds County. Jackson

Page 1

[image of eagle holding shield]
Van Beck, Barnard & Tinsley, Stationers, St. Louis

Attorney General's Office,
Jackson, Miss. Aug 28^th 1875

His Excellency
Gov^r Adelbert Ames

Sir:

A sencse of duty impels me to call your attention to a matter which I regard as quite important to The interest of the State of Mississippi. I have at length succeeded in procuring a certified copy of the official Bond of the present State Treasurer, M. L. Holland., appointed by your Excellency. Your Excellency approved his Official Bond on Feby 19, 1875; and I find upon examination That The Bond is insufficient, and not in due form of law, Nor have the surities justified as the law directs. The Revised Code of 1871 ss. 114, provides that—

Page 2

" all Bonds to be approved by the Gov^r., shall be payable to the State of Mississippi, verified by oath of the surities That They are worth the penalty of such Bonds over Their first debts, legal liabilities and exemptions, in freehold estate, provided that such Bond shall be adjudged sufficient if the aggregate amount for which each surity justifies covers the full penalty of the Bond".

No such oath, or verifica-tion appears on the Bond, nor does it appear that the surities on the Bond are worth anything in "freehold estate". I am clearly of the opinion that the State Treasurer has not such Bond as the law requires, and that the said

Page 3

M. L. Holland has no right to exercise the functions, powers, or duties of the said Office, until his Bond is perfected, and That we have now no State Treasurer, authorized to act as such; and for the protection of the funds of the State, permit me to suggest that your Excellency should close the Treasurer's Office, and take possession of the Keys of the Office, Safes and Vaults, until the State Treasurer shall have qualified himself by ^executing^ the Bond required by law.

Very Respectfully

G. E. Harris
Attorney General

Page 4

EXECUTIVE OFFICE
STATE OF MISSISSIPPI,
Hinds County

From Atty Gen'l G. E. Harris
Address Jackson, Miss
Dated August 28, 1875
Received _" 30, _"
~~Answered~~Filed _" 31, _"

SUBJECT:

Relative to Bond of State Treasurer—thinks it insufficient

ADELBERT AMES,
Governor.

TRAVIS RHODES
~~I. N. OSBORN,~~
Private Secretary.

Page 5

Copy.

[image of eagle holding shield perched on rock]

Attorney General's Office,
Jackson, Miss. Aug 28^th_" 1875

His Excellency
Gov^r Adelbert Ames

Sir:

A sense of duty impels me to call your attention to a matter which I regard as quite important to The interest of the State of Mississippi. I have at length succeed=ed in procuring ^a^ certified copy of the offi=cial Bond of the present State Treasurer, M. L. Holland., appointed by your Excel=lency. Your Excellency approved his Offic=ial Bond on February 19, 1875; and I find upon examination That The Bond is insufficient, and not in due form of law, Nor have the surities justified

Page 6

[image of eagle holding shield perched on rock]
Van Beck, Barnard & Tinsley, Stationers, St. Louis

~~Attorney General's Office,~~
~~Jackson, Miss. — 187[gap]~~

as the law directs. The Revised Code of 1871 ss 114 provides that " all Bonds to be approved by the Gov^r., shall be payable to the State of Mississippi, verified by oath of the surities That They are worth the penalty of such Bonds over Their first debts, legal liabilities and ex=emptions, in freehold estate, provided that such Bond Shall be adjudged sufficient if the aggregate amount for which each surity justifies, covers the full penalty of the Bond". No such oath, or verifica-tion appears on the Bond, nor does it appear that the Surities on the Bond are worth anything in "free=hold estate". I am clearly of the opinion

Page 7

that the State Treasurer has not such Bond as the law requires, and that the said M. L. Holland has no right to exercise the functions, powers, or duties of the said Office, until his Bond is perfected, and that we have now no State Treas=urer, authorized to act as such; and for the protection of the funds of the State, permit me to suggest that your Excel=lency should close the Treasurer's Office, and take possession of the Keys of the Office, Safes and Vaults, until the State Treasurer shall have qualified himself by executing the Bond required by law.

Very Respectfully

G. E. Harris
Attorney General

Page 8

Appendix

"D"

Copy of Letter of
Attorney General Harris