The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-11

drawn, and when, In the course OF pub
lie business, drafts upon him were likely
to be drawn, 50 that he might prepare to
meet them. The information was OBJ
tanned from the public records, which
were accessible to everybody. Mr.. CA
BELL, by personal inspection OF the
books, could have informed himself. If
be were willing to pay Mr. w. I. BUR-
DETT TO do this for him, and Mr.. BUR-
DETT were willing to take the extra
trouble to earn the extra compensation,
the transaction was fair and legitimate,
and the public can have no possible
concern Herewith.
SO with soliciting deposits from oher-
ifs. Mr.. BURDErr had as perfect right
to use his personal efforts in that direc.
ton and to earn commission in that
way, as any other person who earns 8
tvelihood in soliciting patronage tor
business houses.
The GRASTHAM arrangement, during
which the Bank of Charleston paid Nj
w. T. BURDETT $500, ended December
Sd, 1873. It's close snte-dsted his election
to the Senate nearly one year, aud
therefore does not furnish subject pro-
per for the consideration of that body.
Were it otherwise, a careful examination
would show that it violated Eo law, did
no wrong to the State, and incurred no
penalties The Attorney General, to
whom these transactions were referred,
with instructions to take steps to
recover to the State the money
paid to Mr.. W. T. BURDETT by
the Merchants Bank and the Bank
of Charleston, hasJ disposed OF that
branch of the case by deciding that the
State had received all she was entitled to
receive under her contract, and had no
right of recovery.
The solution of questions Of this sort is
often aided by the contemporaneous
INTERPRETATION OF DISTINGUISHED
MEN,
men whose high intelligence and pure
character is the warrant of the correct
ness of their decisions. 1t is therefore of
interest to inquire in what light these
transactions have been reviewed by the
Chief Executive and other gentlemen em.
inent for integrity, who, like himself
were cognizant of them from their incip-
iency. In his testimony recently given
before the Investigating Committee, the
Governor states his full and complete
knowledge OF the various transactions re-
ported upon by the Committee, at the
time they were in progress.
Had he deemed them unlawful or
detrimental to the public Interests, we
have right to infer his authority would
have been interposed
Section 3, chapter Il, OF the Code
reads thus:
3. II at any time when the Leglsla
| ture is not in session, the governor be OF
| the opinion that the safety of the public
funds requires that no more money
should be paid to the credit of the treas.
ury into any one or more Of the deposi-
tories specified in this chapter, he shall
announce the fact by proclamation, to be
published in some newspaper printed al
the seat of government; and after such
proclamation is published, it shall not be
lawful to pay any sum of money on
State account, into any depository or de-
positories to which such payment shall be
thereby forbidden, and II at any time
when the Legislature is not in scs-
sion, the Governor be of opinion
that the safety of the public funds re-
quires it, he shall by his order in writing
direct the Auditor and Treasurer to
transfer the money held by any deposit
ory or repositories, on account OF the
treasury, to any other safe and proper
depository or repositories, TO be desig.
mated in such order; and the Auditor and
Treasurer shall therefore transfer the
same Us directed. But all such proclama-
tions and orders shall, rs soon as possible
thereafter, be submitted to the LegisiS'
ture'
Section ., of chapter 7, of the Code,
authorizing the Governor, during the
recess of the Legislature, to remove the
Auditor and Treasurer, for good cause
is also pertinent in this connection. The
unavoidable inference to be drawn from
the law cited, and the admitted knowl-
edge of the Governor concerning the
Treasurer's arrangements with the banks,
is that the Governor himself, deemed
them so innocent in their nature, that no
exercise of his lawful power was needed.
To cummulate the evidence, we have only
to recall the farts that in the spring OF
1872, His Excellency being doubtless
aware OF the uUutIS shuNIhB O's"N''' va
Treasurer and the Merchants Bank, dl-
rected and caused 10 be made q transfer
of $4,000 at one time, from other banks
to that depository. 1t is not to believed
that if Governor JACOB had considered
the bonus paid the Treasurer by the
Merchants Bank, to partske Of the ma.
ture of bribery, he would have used his
official power to increase so largely the
deposit of public funds in that institu-
ton. Nor is it to be believed that gen
tlemen of such character and standing as
Judge JAMES H. BKowN and Colonel
THOMAS b. SWAMI directors and
principal stockholders IN the
Merchants Bank, would engage IN &
.h.. cant lpfua n