The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-04-22

tflct court, ~ Is Ceftnln tncre was no
appropriation against which this amount
OF warrants was drawn, and the act was
an unqualified violation Of the constitn-
tiol, article 104, the order Of the court TO
the contrary Notwithstanding, See Ex-
hibit D).
Your committee find also that the Au-
ditor issued warrants in favor Of ]. w,
Armstrong & Co., for the sum Of So.
076 rs, while no such sum was due by the
State; and further, your committee Is OF
the opinion that the firm OF j. w, ARM
strong & Co., is fiction and has no OK.
istence in fact, (see exhibit G.) And
further, this warrant was drawn for the
supposed expenses OF the House against
the funds appropriated for the use Of the
Senate and drawn too after the unexpend.
ed balance Of the appropriation had
elapsed as provided In Act II Of 1872,
page 70, that tho Auditor has drawn war.
rants on the Treasurer not authorized by
law, has been shown that he has unap-
propriated funds is fully illustrated by
exhibit j. Section l64 Of the revised
statutes reads as follows; "No warrant
shall be drawn by the Auditor nor paid
by tho Treasurer unless the money to pay
the same has been previously appropriate
ed by law" And Section l96 reads
thus; "Should the Auditor knowingly
issue any warrant upon the Treas
ury, not authorized by law, or neglect or
refuse to perform any duty enjoined by
law, or be guilty Of any apprehension or
| n vInngtOn ~ ranoi vo onV fnn mr. ahnulH hn
by the color OF his Office knowingly do
any act not authorized or In any other
manner than required by law or Illegally
use or misapplyany money belonging TO
the State, he shall be deemed guilty OF
misdemeRnor in Office, and upon conyic-
tion be fined not more than 800 and i'm
prisoned not more than 5 years and be
dismissed from office. Exhibit K is the
testimony Of T. +. Nevroe who was clerk
Of the Committee appointed at the session
OF 1874 to examine the Auditots books.
They made no report but the clerk
testihes to the fact that the tax collectors
paid to the Auditor on account Of taxes
and licenses for 1873, $4307S6 05 more
than the Auditor accounted for In his an
nual report for that year. He also tes-
titles to the fact that the Auditor retained
money in his possession ninety days be-
fore paying Il into the treasury.
Exhibit l. is the testimony Of l.. Guich-
ard, who also figures large discrepancy
between the sums paid by the collectors
and the receipts reported by the Auditor.
Exhibit Fis n statement Of Theodore
Lepshutz. lIo shows that the Auditor
paid the eighteen clerks Of the committees
Of the House more than the law allows.
he also shows that the difference between
the account Of the House Committee on
Contingent Expenses and the Auditors
warrants for the same expenditure Is
5000 70.
THE IMPEACHMENT IN THE LEdISLATURE.
In the Senate at late hour (0P. N.Y.
after executive session, the joint reso-
luton impeaching Clinton and suspend
Ing him from office was called up, but the
Senate adjourned without action.
Governor Kellogg was on the floor Of
tho Senate during the afternoon, us is
stated, In the interest oil Clinton.
Auditor Clinton addressed an appeal to
the House in which he says: Charges
Of fraudulent disbursements Of the public
menoy have been freely made by persons
whose wishes have not accedcd to, which
repel as false and slanderous, every one
Of them. The Auditor then says; / re-
specially request and urge that you
authorize, by resolution or otherwise,
the President Of the Cotton and Mer.
chants Exchange TO appoint an EXPERT
known to the commercial community as
competent, honest and impartial, thus Sc
curing report satisfactory to the public.
This appeal had no effect on the House.
Governor Kellogg received message
from Mr.. Wheeler regarding the four
members llnseated yesterday In the House,
In which ho says:
have carefully examined the question
OF the four members, and while l still re-
main of the opinion expressed 10 you and
Mr.. Packard, / feel not at liberty to give
written opinion without the concur
renee Of my associates.
W. A. WHEELER.
Col. Packard states that the opinion
expressed by Mr.. Wheeler was that the
four members we're 10 retain their seats.
The House appointed committee to
investigate the charges against Judge
Hawkins OF the Superior District Court,
with view Of impeaChing him.
THE RAILROAD WAR
Ia prevailing here. The Jackson route
has reduced The fare 10 New York 10 SS5
and made reductions 10 other points.
The Republicans claim that the action
Of the Democrats in unseatinp four Re.
publicans and seating four Democrats In
their places, was gross breach of the
Diiphted faith Of that party, They Eay
Inc legislature had come together with
The nersonal ns when Il adiotrned NJ the
close Of Inc regular session, and had
made ali the changes recommended by
iho award, Both bodies had then atlopted
resolution that the House should
remain without change, except by
Tho resignation ar death of
member uniil n new general election,
Tbe Republicans contend lhat Inc only
argument Of any weight offered by the
Democratic majority. that carried the
measure. was that The members linsealel
Ind not leen returned by tle Returning
Hoard, whose other acts that same ma
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