The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-10-27

] be taken as true without any dfscount.
There are evidences of dishonesty which
REQUIRE more careful examination.
I tits established by proof, and not de-
MED BY Mr.. Ferrall himself, that he is q
sub.contractor under Hervy for haul.
ing the stone which Heryy is required
by his contract to furnish and break.
There is no Court in this State or any
other that is governed by the principles
of the common law, that wouio not
hold such q contract illegal ana Voio
upon the scriptaral maxim that no man
can serve two masters"
He is paid for hauling all the stonS
that Hervy is paid for furnishing ano
breaking.
If he pays Heryy for more stone thar
he breaks, he (Ferrell) gets paid fol
hauling more stone than he hauls. They
are both cheating the State.
The doctrine is thus laid down IN
Story on Agency, section 2l0: 1T may
be correctly said with reference to
Christian morals that no man can faith
fully serve two masters VIII ose interests
are in conflict. If a seller were permit.
ted to become the purchaser, his
|
own interest would stand in di.
rect opposition to each other; and
thus a temptation, perhaps in many in
stances too strong for men of flexible
morals, or hackneyed in the common
devices of worldly business, would be
held out which would betray them into
gross misconduct and even into crime.
1t is to interpose a preSehtive check
against such temptations and seductions
that a positive prohibition has been
found to be the soundest policy, encour-
aged by the purest precepts of Christ
ianity."
The same principle is laid down by
Judge Tucker in his Commentaries, vol.
l, page 90, and by the Court of Appeals
of Virginia in the cases of Carter rs.
Harris, Randolph's Rep. 202, and in
Buckles rs. Latferty, ? Robipson's Rep.
| 800.
And we do not understand upon what
principle this Board can disregard the
well settled principles of law tina are
recognized by the Judicial Department
of the Government.
We know it is sought to Justify this
practice by saying that it was custom
AIRY with previous superintendent.
So far as Mr.. Ferrelps immediate pre-.
decessor, Mr.. Lunsford, is concerned, this
is etfectually disproved. Buff it were
true it would create an increased neces-
sity for visiting it with prompt and
stern rebuke.
1t is not only on the Cumberland road
that the State is compelled to employ
agents, but in the building and manage,
ment of the Penitentiary and the Luna
tic Asylum, in the Quartermaster's office
in furnishing stationery fer the State,
and in all the departments of the pub
lie service the State is compelled to act
by agents. If the principle is recog.
nized that agents of the State may be.
come interested in contracts and make
profits, out of these agencies, beyond
the compensation allowed them by law,
it must inevitably result in introducing
the grossest corruption in all the depart.
ments of the public service.
This case has acquired much notoriety
and its decision will be regarded as a
precedent, not only by Mr.. Terrell and
his Successors, but by all other agenf,
employed in the various departments of
the public service.
A decision in support of it will be ru-
nous to the public service. If it has
become a custom, 1T is most emphatically
a custom which will be more honored
in the breach than in the observance"
But if the Board reverse the rule of
law which presumes injury to the State,
from the relations of its agents with
persons with whom he is dealing as
agent of the State, then we invite its
attention to some facts which We think
coRclusively establishes it.
1t will be recollected that in the cross
examination of Mr.. Terrell We sought TO
obtain some information as to the OBJ
jects for which the income of the road
had been expended, and the amount ex-
pended for each object.
We were told that he could not give
it., except by reference to his papers
which would require Tnnoh tima And
we were referred to his reports for the
information we asked for. We have
examined his reports and analysed SO
much of them as covers the two years
commencing October l, 1866, and ending
October !, 1868. His reports since Octo-
Der |, 1865, are not yet filed.
His reports are very unsatisfactory.
The vouchers show how much money
was paid on contracts; but they do not
show what the contracts were, what
sections they were on nor what amount
of stone was furnished under the con-
tracts. 1t seems 30 US that when q con-
tract was completed and a settlement
made with the contractor and the money
paid, the voucher should show how
much stone was furnished under the
contract for which it was paid.
If his voucher showed that he had
furnished 500 or 1000 perch of stone on
any given section, persons living on the
section would he able to form some idea
whether such quantity had been fur
uished and whether it was an honest
transaction.
But they simply show that he paid
Kennedy $500 on contract, paid Harvey
5000 on contract; without stating where
the contract was or how much stone
was furnished under it.
His reports and vouchers therefore do
not furnish the means of eliciting any
fraud or collision in his settlements
with contractors. But by analysing his
report of expenditure for two years we
find them as follows:
Expense Of he Road from October J. ls6G, to April
l. 1857.
Amt paid on contracts. sI,sl7 N
Outside labor and materials ~ II
Salaries of SuPt and toll.gate
keepers. 52t 9:
$3.50 u
Amt paid ont per repOrt.....i2 ,762 81
1850 70
s2ll -
Grain and hay for oxen. Sos -
Leaving for incidental ezp's.. o:
Expenses Of the Road from Apri! ! ls67, 10 OetO
Der !, 1861.
Amt paid on contracts,...... SI,6Gs ;.
Outside labor and materials. 42J "
Salaries of Sup't and tollEate
keepers. J2S u
Grain and hay for oxen..-.--- 1d3 Il
s2,7-OIs
Amt paid out per report.....s2 sO9 Is
$50 II
Leaving for incidental eIps.. s2s %
Erpsnsss Of the Road from October !, I767, 10 Apri
Amt paid on contracts....... n,re3 g
Outside labor and materials. ~ 81
Grain and hay for oIen...-.. lei %
Salaries Of Sup.t and tellgate