The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-13

afterwards told me that ne nad seen MA
jOr Bennett IN regard to the matter, ana
probably told me what Major Bennett
said. do not remember the exact Ian
guage of his reply but at any rate it wa:
vague and indefinite, and the matter was
not settled up. l still insisted that the
matter be Strengthened up, and that hl
should straightcn upthc matter y short
time afterwards W. r. Burdett came to
me md SAID, in substance, that it was
rather II delicate matter, and wished /
would see to it myself ! told him !
would call meeting Of the School
Board and have the matter reCtiaed. w.
L. Burdett came in the next day, and
showed me certificate Of deposit in the
kanawha Valley Bank, and said that the
money had been paid into the Treasury
by Major Bennett" Shortly after this,
the Auditor recalled to witness mind the
formers having told him about some
difficulty he had about certain interest;
said that it had been found in the First
National Bank; that he had drawn on it
| for the amount, and that 1t was "through
lnadvertence or negligence that 1t had
not been turned into the bank nj the time
the draft was drawn
Q-Has the Auditor authority TO draw
his check upon the school fuud, without
the consent of the school board? Ale
/ has not. ] refer you 10 sections Il and -
of chapter 40 of the Code.
The Governors recollection was that
the draft was either drawn or paid about
the DIST of March, 1873, which he gath
cred from his correspondence with Mr.
| Adams and that the money was paid
into the Treasury by Major Bennett on
the 9th of June, 1873, is shown by the
Treasurcrs report; that so far as ne knew
the Auditor and Treasurer have kept All
account of the States money received
and disbursed by them aud about the
time thisicommlttce was organized, and
since, Of money paid by insurance com
panies, claimed to belong to the State
OF such money no report had been made
to him either annually or semi-annually,
ror has the Auditor or Treasurer made
any report to him of fees received by
them for any services rendered, W IT.
ness said he would examine the reports
! as made to him, and If he finds he was
mistaken in the statement would correct
/ it,
/ Q-Please state whether there is such
table or report contained in the last semi
annual report of the Treasurer of this
/ State as is required by section of chap
ter lSl OF the acts OF lS72-73. A-The
annual report of the Treasurer for the
wear 1874 does not show the amount on
/ deposit or the amount of interest rcCelv
ed. That of 1873 does In regard to
the semi annual report, cannot answer
until have examined the reports in my
office
In his cross.cxamination, Gov. Jacob
stated that the irregularities were, ''irst,
that the Auditor drew upon the First
National Bank, which WAS State drpos-
tory for part of the scnool fund with
out the order of the School Board; sec
ond, that no money should be drawn out
of Il designated depository, without the
check of the Treasurer. TIL" only way
by when money can be- drawn from the
State Treasury, no matter To what fund
it belongs, Is the warrant of the Auditor,
with the check of the Treasurer endorsed
thereon. This Is the only good vouch
cr a bank or designated dclo o.
tory could present; third, If this
should be considered ns II transfer from
one depository to another, such transfer
can be- made only on the order of the
Board of Public Works, but | consider
the first two the irregularities III tins
case"
Q-Would these irregularities exist if
there had been given any certificate OF
deposit by the First National Bank Of
/ Wheeling. A-Certainly not. Money
goes into the Treasury regularly by the
certificate Of deposit Of the drpooito.
nv. and unless such certificate Is given,
money is not, in the contemplation OF
the law, in the Treasury.
The witness thought the Auditor. ~
Secretary of the School Fund, was au
thoriZcd to collect interest on the school
funds. In the first place, the funds
stand in the name of the Secretary Of the
! School Board. and in the second place,
/ the Auditor is the Accountant of the
/ Board.
TIE AUDITOR INSURANCE CHARGES.
The testimony OF number OF insur-
auce men of this city was also taken, re-
nting chiefly to the rates charged their
companies by Auditor Bennett, and to
the framing, passage and construction OF
the retnliatory act. The witnesses were
Mr.srs Charles II. Collier, bernard \.
Cailignn, William F. Peterson, Il. +.
I Tiff. John Doddridgc {. VI. Cocn, NJ.
l.. Ovcrton, John Bishop, y. II. Beach,
!. V. l.. Rogers, j. {. Anderson, K. {.
Bonham. K 5. IRWIN. Among other
things. Mr.. Collier testified;
Q-Can YOU state the number Of do
mcstc companies and the number Of for
eign companies doing business IN tins
State in the year 1873, 1874 and 1879?
A-Thcrc are three classes OF companies
doing business in this State, Domestic,
Foreign and Wild Cats. There are seven
domestic companies suppose thrtY-live
or forty foreign cdmpanle,i wild cats are
innumcrable.
Q,-You spoke of there having been
meeting or conference OF the insurance
men of Wheeling during the last session
of the Legislature; will you state what
action was taken Mt those conferences?
A.-Agencies of large companies having
been admitted into the State and there
appearing to be conflicting interest be-
tween those agencies and our home COM
punies, We thought We might get up such
a law rs would hurmOniZc these conflict
ing Interests. The meeting was compos-
ed, not only of the officers Of domestic
companies, but also the agents Of foreign
companies. There are features IN the
present law which we thought injurious
to both foreign and domestic companies,
and the bill prepared by us was prepared
to meet the cXigencles OF the case, a
well as against wild cnt companies. 1t
was necessary, not only for the protection
of the citizens of the State of West Vir-
ginia. but also for her own corporations
that Wholesome Insurance law be pre-
pared, to force the wild cats to have L.
,rltIuutr assets ~ 20 out Of existence.