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

been made by the Auditor to the First
National Bank of Charleston, is not
given. The evidence is conflicting, and
as stated, it fails to connect the transac-
tion with the Auditors present term. If
it were otherwise, and the
SMITH version were strictly accurate
the proposition had relation to business
In no sense official, and therefore not to
be claimed as mal-sdministrstion or mis-
conduct.
THE ARRANGEMENT FOR 1872
between the Treasurer and the Mer-
chants Bank, during which the former
received $500 as bonus from that bank.
although its date excluded it from the
puryiew of the impeachment movement
is dwelt upon by the prosecution with
great emphasis, and the claim set up that
the money ought in justice TO be paid
over to the State. Ifit were paid out OF
money belonging TO the State, or If it
were money that the State, but for this
arrangement, would have received, then
there might be some propriety III che
claim, or even if by receiving it Captain
BuRDETT impaired the revenues OF the
State. he would have incurred respon-
sibility. But none OF these conditions
appear. The State received every dollar
to which by virtue of her con-
tract with the bank she was entitled
and that contract was not made IN con-
temptation of any bonus from the bank,
but months before such thing was ever
mentioned. If the arrangement had not
been made with the Treasurer, no addi-
tional interest could have been realized
to the State through the Board of Pub
lie Works, for the Board as such had no
control or influence over the people max
ing deposits to the credit of the State
funds, and could bring no business to
the banks. But for this arrangement
the money would have remained in the
Merchants Bank, and if that institution
could afford to pay for such benefits as
Captain BURDETT in an unofficial way
could confer, the State receiving all she
had right to claim, @e fail to see
with what propriety, under existing laws
a criminal responsibility can be imposed
upon him.
There have been hints OF tAvoritism in
checking, but the evidence fails to show
ANYTHING of the sort. On the contrary,
evidence -howing that the Nercnants
Bank OF Charleston paid out on State
checks III the years of 1872, 1873 and lS-
IA more money in proportion than any
other State depository, was furnished by
the Investigating Committee
It is greatly to be regretted that in
the preparation OF a report which, upon
some points, is so thoroughly exhaustive,
the authors inadvertently marred its
symmetry by omitting to incorporate the
detailed statement of the amounts paid
on State account by the Merchants Bank
Of Charleston, which would show that it
was not 10 favOritism in checking, but to
It's success in getting deposits from
sheritts, that il owed lis balance. The
fact that this bank paid a larger rate of
interest than any other depository in
Charleston, and therefore might receive
heavier share of public revenues than
its neighbors without detriment to pub
lie interest, is another practical point
submitted to the Committee, but of which
the report most unaCcountably makes no
mention.
Summing up the results of our exam
nations so far, we find
lst. That rs these cases are presented,
the Legislature must punish for official
misconduct or not at all, and that the
acts charged have no relation to the OH
cial business of the Office OF Auditor or
Treasurer.
I'd. That the Legislature cannot i'm
peach AL officer for an act done during a
former term of Office, and that there Is
no evidence to connect the acts charged
against the.Auditor and Treasurer, with
the present official term of either.
80. That as the receiving or depositing
of public money is no part of The official
duty oCthe Auditor or Treasurer, (the
law recognizing as valid no payments
made to them, and giving them no pow
cr to make deposits all payments to
them are made to them as individuals,
and if used to their own advantage, no
official liability is thereby incurred. The
State Is barred by her refusal to al
low them to receive money as her agents,
and by holding her debtors liable Tor all
sums due from them which are not paid
through State depository.
Before proceeding farther with tn"