Samuel Freeman Miller

“ By the sixth section of that act the first and second comptrollers of the treasury of the United States were constituted a board of audit 'to examine and audit for settlement,' among other things, 'the debt purporting to be evidenced and ascertained by certificates of the auditor of the board of public works.' In this class of debts were, of course, included the certificates issued to Gleason, and by him indorsed to Blumenburgh. ”

“ Throughout the whole transaction he has shown a want of diligence and care-First, by placing in the possession of Blumenburgh, with an unlimited indorsement, these instruments for which he received an advance of the amount of money agreed upon between them; and, second, by the imperfect notices that he gave when he found that Blumenburgh had absconded with his certificates. The efforts he then made to protect himself, or the District of Columbia, were wholly inefficient, and not such as the case required of him. ”

“ As to the board of audit, it is very clear that the supreme court of the District could not rightfully, at the instance of Gleason, enjoin it from proceeding to perform the very duty which was appropriate to that condition of affairs then existing, namely, to audit the claims represented by these certificates, to determine whether the District of Columbia was responsible for them, and, if so, to whom it was responsible. The board of audit, in accordance with the statute under which it was created, gave public notice that it would hear and examine into all these claims. Mr. ”