Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-07-01

sureles, in which their l,ci,il,ty for the Cmciu-
natl fund WAS the ques,io, involved.
The Cincinnati Society peiaioned the Gener-
al Assembly ia 1873 10 fe:eiye their funds. for
the purpose al vesIiue ,hen, IN the Trustees Of
Washington College, al lexington, Va upon
| condition that they should esiablisb and con-
iinne n profess Iship, In which should he
taught the scirncos Of fannery, &c. II that
College should refuse 60 acsepi these funds up
ON the 1nn'lIupns proposed ,hen thy were 10
he vested ia some othef institution: and all
psnslons SLOWED by The Society were TO he
paid. Ia 1911 an act Wa passed, reguIi-
ing the Treasurer 10 receive these funds
aud 10 hold them Tor the purposes aforesaid.
subject Ia Tue future Urters of the Society.
Various proceedings took place IN the Society,
and bro us standing committee, winch we can
not state with ptecIs ION, aud Which would be
uninisresting 10 the generic reader. In 1924,
the Treasurer ofthe Cineinnan Society deli
yerei these funds, chiefly certificates OF STOCK 10
the Treasurer Of the Stat, aud took his receipt
for them. The stocks wue redeemed 10 1924
aud 26 the amount was received by the late
Treasurer, but neither tie original transfer of
The stocks, nor the subsequent payment TO him
was made under any warrant from the Audi
tor, nor did the iransac;)a apoeaI on The book,
of lie Treasury.
II was conteuded on The part Of the Sc
cnrllics u. That they were mol bound be
capsp of the omission iuhaye the transfer, aud
payment audited ~ The mode prescribed by
law wbcn money due 10 the CONFERENCE.-The,
is paid in the Treasury-2. That the Irea
surer OF the Cincinnati Society had no authoih
~ uoder the proceedings beiofe referred to,
10 transfer and deliver ihe funds 10 the ircI
snicr oi the Siaic--3' That Washington Col
'ege had accepted the oiter OF tins society, and
therefore, was legally entitled 10 have received
the mnas.
The Counsel for tho Commonwealth main.
tanned i. That the funds aud stocks in
qnrsiion were not within lhe meaning of the
general law, requiring all 'Inneys paid into
the Treasury 10 be pHid under an Audi or's
warrnnL--2. That that HE Treasurer OF the Su-
cieiy, under tie proceedings mentioned, was
duly an horned TO transfer the funds to the
Treasurer Of the state. 81. hat WashinS tnu
College had not, aud has moi vel, complied
with The conditions upnn " hich Il was TO be en-
titled 10 Ire funds and therefore. that beiGg
legally placed ~ the hands oil the Treasurer ol
the State III his Official character, II Was ms 9th.
cal duty 10 perscrve aud account Ior them
aud having failed 10 do 81, hIs saretes were
liable,
Without delivering any opinion at length,
judy BrpckeuboI ough reported that The Cour,
was unanimously ~ favor OF the Common
wealtl-and Judgment was accordingly gwen
for about $1,000, with interest upon about
1000, from the ls January, is25, aud Oh the
residue from January 1927.
Various other queS ions arose during the trl
al, which lasted four days but we have been
unable TO obtain n more paflIcnlaror detailed az
count. We derive this haSty sketch from a
iIlend. who he I'vrs It 10 br substantially cor.
IeeI-but II there be ANY Inaccuracy in II. we
shall ererluliy make the proper currec
ton
John Robrrsnn, Attorney General. and {.
Johnson. for the Commonwealth-Leig stan
ard aud D. Taylor Tor Defendants.
GnnnIrc