The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-04-01
VOL. XXI.

when the officer is under financial embar-
rassment at the time of the transaction,
and unable to meet his obligations.
The committee think that the whole
transaction, which is the subject Of the
extract from the minutes aforesaid, should
have been brought to the attention OF the
then next general meeting Of the stock
holders. 1t may be said, in reply, that the
proceedings were spread on the record,
and that these were subject to the inspec-
,ion of the stockholders. 1t is certainly
grave anestion whether the Board of 1861
we're iustiiiable in leaving to accident the
disclosure Of the facts to the stockholders.
As the committee cannot have before it all
the circumstances which induced the
Board of 1851 to take this action, it would
be unjust to condemn it. They exercised
their discretion. There can be no suspi-
cion that this discretion was influenced by
improper motives. The committee, there
fore, say only that they think that the de-
cision was mistake.
The next cause Of complaint against
Colonel Ellis is as follows:
The bylaws Of the company give no
right to the president to receive money
due the company. The Dover Coal Com
pany was indebted to this company $500 for
rent of lot, due September !, 1866. On
the Sd Of September, 1866, the agent OF
the Dover Coal Company addressed to
Colonel Thomas II. Ellis letter, enclosing
draft for $500, payable to the order OF
Colonel Thomas Ii. Ellis, in payment OF
this debt. The letter and draft were re-
ceived by Colonel Ellis about the day OF
their date. The secretary and treasurer,
who alone was authorized to receive this
money, was then absent from the city.
Colonel Ellis drew the money on the draft.
| He represents that he needed about
thirty dollars to pay for stamps for the
company, that the company was indebted
| to him in a small amount for travelling ex-
penses, and that he was compelled to go on
| the next day to attend meeting OF the
| Board to be held in Rockbridge county.
He used a portion of the money and
took the remainder with him. Though
often with the treasurer, he said nothing to
him of the collection. About the 9th or
2Sth of October, 1866, the treasurer de-
manded payment of this debt of the agent
of the Dover Company, and on the 29th
October, 1866, an agent called at the Office
and stated, in the presence OF Colonel
Ellis, the payment to him. This, Colonel
Ellis, without hesitation, admitted, and
told the treasurer that he would return it.
But on the lst October, 1866, the treasurer
had handed to Colonel Ellis statement of
his account for salary and incidental ex-
penses, including stamps, accompanied by
a check for the balance due him, amount
ing to upwards of 5000. Colonel Ellis re-
ceived the check and said nothing of the
collection of the $500.
On the 1st October, 1866, Colonel Ellis
gave to the toll-gatherer at Richmond his
due bill for $50, dated 29th September,
lS66-money advanced. During. the month
of October, 1866, he gave drafts or orders
on the oll-gatherer for small sums, TO be
paid on his individual account, some OF
which were signed as president and some
individually. These checks on toll
gatherer, including the $50, amounted to
1852. On the 5th day of November, 1866,
the treasurer said to Colonel Ellis that
the debt of $500 must be settled, and
suggested to him to give his receipt for
that sum on account of his salary, which
he did. His salary to 3lSt December,
1866, more than satisfied all claims due from
him to the Company, including the $500
and the Sl52, excepting about three dol
lars and all accounts between the COM
pany and himself have been settled and
paid in full.
Colonel Ellis had no right to receive his
pay on the lst of October, 1866, when he
had collected $500 on the Sd of September
and cighty.tw dollars on his due bill on
that day: and not only did not account
for these sums, but did not inform the
treasurer that he had collected them. tie
had no right to draw money from the toll
gatherer on his drafts, and in so doing he
violated the law of the company. He
states, in explanation, that as to the S5Oo
he expected to return it within very
short time after its collection, and eX-
hibited TO the committee letters which
showed that he was negotiating loan,
and which he states he confidently ex-
pected to effect. He also states that he
considered his small drafts on the toll
gatherer as only an anticipation of his
salary, which was payable monthly, and
that he expected to pay them, and did pay
them, in this way. The committee cannot
consider these excuses sufficient. Had
Colonel Ellis died or been removed in the
month of October he would have then
been a delaulter.
After the reading Of the report the fol-
lowing letter was submitted by Mr.. Deane,
read to the meeting, and, upon motion OF
DR.. Graham, placed upon the record:
OFFICE BOARD PUBLIC Works OF VA,
RICHMOND, March 20, 1867. !
To Messrs. T.. u. Deane, j. T.. Anderson,
r. A. Lancaster, and DR.. Alfred Ley
burn:
Gentlemen,-The Board Of Public Works
take pleasure in stating that their action
in appointing new directors in the James
River and Kanawha Canal Company was
not designed to reflect in any manner in
iuriously upon the character or services OF
the late directory, but simply and solely
to carry out what they believed to be the
wish of the General Assembly-to wit: A
total change in the administration OF the
company's affairs. If they misjudged the
purpose of the General Assembly, it was
their misfortune, though they have seen
nothing to Justify such conclusion. The
Board report that their action was not in
tended to reflect in any manner upon the
former directors, for whom they enter
tanned the highest personal regard, but 10
discharge what they deemed aplain though
unwelcome public duty.
Very respectfully,
THOMAS ii. De WITT.
By order of Board of Public Works.
Colonel Ellis rose and said that he had,
of course, no expectation Of defeating by
anything he could say the adoption OF the
report of the committee. Nevertheless,
with the permission of the meeting, he
would make brief statement in his case.
Admitting that in the years 1860 and 1861
he had occasionally borrowed money from