Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-06-29

loaned to the state by permission Of the legislature and
the interest only annually, be applied to the purposes Of
December, 1907 that the General Assembly should be
solicited to pass provisional law for the purpose of
carrying into effect n due time the preceding resolu
TONS And then II enacted "hat the Treasurer of the
Commonwealth for the time being, be and he is here
by authorised and required, to receive into the public
Treasury, all or any part of the funds Of the Society
OF Cincinnati; which said funds when received shall
be held by the Commonwealth upon the terms condi-
tons and under the limitations forth the before re-
cited resolutions Of the said society, i'm the 18th
section OF their constitution and for the purposes there
IN expressed, subject however TO the future resolutions
ana orders oil the said Society," An additional enact
neht declared that the Treasurer should pay the
vcraI pensions charged the funds they became
dues or any other charge demand of the society pro-
terest.
On the 18th OF October 1921 j. Baker eceived from
MAJOR James Gibbon several certificates of stock be-
longing to the Cincinnati society, one of which GER
hcates Virginia six per cent stock three of them
u States six per cent stock Farmers Bank stock
aud the other Virginia Bank stock and for these cer
Gates oil stock Baker gave receipt signed by him as
Treasurer of the Commonwealth of Virginia.
The certificates of Virginia six per cent stock and
the three certificates of United States six per cent stock
were aerwa ards redeemed, and the money therefor re-
ceived by Baker.
There was account of the funds of the Cincinnati
Society raised in the Auditors Office the books of
the Ireosuy but Baker left memoranda in his Office
showing his disposition of the funds; and from these
moranda statements were made which Showed the bal
ances to be due that were claimed by the Common
| wealth.
During the late term the questi came for de-
cision, whether the funds of the Cincinn At, Society
which thus came into the hands of Baker, re-
ceived by him in virtue of his Office of Treasurer of the
Commonwealth, to charge his surctes This ques-
ton was argued by the Attorney General and Mr..
Johnson for the Commonwealth, and by Messrs. Leigh,
Stanard and Samuel Taylor for the defendants.
In the argument the counsel for the defendants did
not deny that If Immediately upon the Of the
act the funds had into tho hands OF the Treasurer
from authorised to make the transfer, the funds
would in such case, have been received by the Treasu
rcr in his official characer but they argued upon facts
contained in the case agreed that at the time the funds
were received by Baker, the occasion for the had
passed away: the trustees of Washington College had
sgnifed their tCingness to take the funds upon the
conditions with which they charged; and the funds
ought TO have been delivered the trustees of the col
lege, and not put in the hands Of the Treasurer. Be-
ing improperly put in his hands, his sureies
| be charged therefor.
To this answered that the same resolution con-
tanned in the agreed, which showed that the
lees were willing to receive the funds she ed that they
were to be assigned by writing under hand and seal in
the presence Of witnesses; and such writ had
been executed Until il was executed, the society
was by means Invested of the funds and had right
to the full benefit of the act.
Ii was further contended that admitting the authority
OF ne Treasurer in his official character TO receive the
funds from one duly authorized, Major Gibbon
so authorised This depended upon the effect Of the
solution and proceedings of the society, which were
made part Of the agreed.
Ii alss contended, that the Treasurer charge
able with money in his official character, unless
was received warrant from the Audtor-And it wa.
necessary to be audited the time of receiving them
yet that when they converted into money, they
should have been audited. To this it replied tina
if the money ought properly TO have been audited tn,
omission audit the fault of the Treasurer
his fault could not exempt his surees from responsible
ty.
Il Some other points made but in this newspaper
sketch they will have 10 be omitted.
| When the argument closed the Court took the case
for considerations and the next day Judge Broken
brough delivered the unanimous opinion of the Judges
that the suretes were responsible and Judgment shout
be rendered against them for the claimed by tn
Commonwealth.
From this judgment the sureties have appealed to tn
Court of Appeals Communicated.
The Opposition venting their spleen upon III
Presidents Message, res. Getting the West Indil Ne
gociation. They sneer at it as hurnbug-and den
there is any prospect of success-Do they adver:
the state OF things n.England-pTticuiary the prec'
rious condition OF the Kings Heaith9 Are they awar
that this state of matters has delayed the decision apo
the Colonial Question?-The last Proce edngs ca
culated TO assist the negotiation, should be
+ un Ter similar auspces-aDd those who ridcule
e as all humbug, may themselvet b, humbusged
), u The Official returns OF the Polls the Cons,
3 tuition not yet conpeted-TTo Counties ST
to be heard from.