The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-04

sion that the reports had been made.
None Of these fees had been reported until
after the witness requested them to be
made day or two before the session OF
the Legislature in this city. Fees col.
lected BY the Superintendent OF Schools
went into the Treasury. No fees belong
to his office as perquisites.
CroSs.examined-The Governor said
his circular was Issued in September,
1878. The fees Of the Secretary Of State
are fixed by law.
E. L. Bill, Auditors clerk, recalled,
stated that after long search the Audit
or found that $2,160 Of interest were due
and had not been paid into the treasury.
Some correspondence enSued between the
Auditor and Mr.. George Adams on the
subject. During the absence Of the Au-
ditor letter was received from Mr..
Adams, but witness not being familiar
with the matter wrote back that an an
swer would be sent in few days. Di-
recting Mr.. Boiling to examine what
bonds the interest belonged to, the Au-
ditor drew on the First National Bank
for the S2,16O. There being no record OF
debt and credit, the search involved
considerable time in making up n
statement as TO what interest was
due. By calculating the interest due
in january and every year since 1867 il
was found what interest had been paid,
also that in a certain year the sum OF
81, ,l60 due, had not been paid. About two
months after the Auditors draft on Mr..
Adams was paid The money was deposited
in the Kanawha Valley Bank 10 the cried
il OF the State.
The Auditor had personal account at
the same bank, also an account rs Auditor.
Checks were frequently sent TO the Audi-
tor 10 be deposited, these he left in the
bank for collection, and after collection
the money was checked into the Treas.
ury.-
For the want OF sufficient force the
business OF the office was always press
ing and some delay followed as conse.
quence. The Legislature was in session
and the business OF the Office, as usual,
was greatly behind during and some time
after the session. The demands OF the
Legislature that session were unusually
severe on the Auditor, and some OF the
clerks we're compelled at times 10 work
until 8 A. NJ. 10 furnish Information TO
that body.
John Boiling was next called in rela-
tion 10 a statement made out by him for
the Auditor in order TO enable him TO
trace the interest amounting TO S2,lGO,
due in January 1872, on the school bonds.
The Secretary OF State was called and
said that on receipt Of the Governors cir
cular, he made out his first report includ-
ing fees, and delivered it TO his Excellency.
Sometime after the meeting Of the Legis-
lature the Governor called his attention to
the fact that he (Secretary)had made no
further reports. He found on examina-
tion that the reports had been
made out but not delivered
to the Governor. In making these re-
ports II was done in deternce to the Gov
ernor's opionion, and not that he under
stood the Constitution TO require that
private fees should be reported. The
only fee OF his office belonging 10 the
treasury was that arising from the tax on
seals.
Col. Peyton, Clerk OF the House, was
interrogated as tathe opinion OF members
on the construction ot the Retaliatory
law, and the question being objected to
by the Manager, the Chair ruled that it
was an improper question.
Mr.. Bill being recalled, identified Ger
tain letters from the Treasury Depart
ment ut Washington in relation to the in
terest ON the school fund, which the
counsel for the respondent wished to sub
nit as evidence.
George Adams being recalled, stated
that he was unable to find but one OF the
letters from the Auditor to himself.
By consent OF the Managers, all the cor
respondence between the Auditor and Mr..
Adams as published in the report of the
Investigating Committee was received in
evidence.
The Counsel for the respondent offered
in evidepce the affidavit OF Mr.. Reynolds,
Cashier Of the Kanawha Valley Bank, who
is in Charleston, which was objected to
by the Managers.
AFTERNOON SESSION.
Mr.. Ctacraft was recalled and said: |
cannot state the exact number Of certifi-
Gates Of authority issued to insurance
companies for 1873 and 1874, but as l
have stated before, believe that not less
than forty certificates OF authority to do
business were issued in 1875. The wit
ness then introduced memorandum
showing n list Of companies, and the num-
Der OF certificates issued 10 each doring
the years 1873, 1874, 1876. These said he.
comprise all the certificates OF which L
can lind any record on the books OF the
Auditor, but l cannot say that there
were no others. The list does not en-
brace all the insurance companies DUNG
business in the State. 1 stated that not
less than 25 different foreign companies
did business in the State in the years
mentioned, but there may have been more.
The memorandum was filed among the
documents in evidence,
Mr.. w. II. Adams was called and sworn.
He said am connected with the Franklin
Insurance Company Of Wheeling. l have
taken of the books OF the company u list
Of the fees paid by the company for Ger:
tificates to do business in the State Of
Ohio. Witness here read from the list
the different amounts paid, showing the
total paid in 1874 TO- be 1897 55, and in
1S75-S9l 90, explaining that the differ
ence arose from the difference in the
number OF agencies. Two hundred and
fifty dollars entitled the company to
establish as many agencies rs they chose.
For a single certificate the fee was one
dollar.
Major Anderson was called, and attest
ed the signature Of Attorney General
Mathews 10 letter said to be from that
law officer to the Auditor.
The counsel for the respondent then
offered the letter as evidence, TO which
Mr.. Good, on the part Of the Managers,
objected, on the ground that it was not
competent for party accused Of an Of
tense TO manufacture evidence after the
commission Of the offense.
Judge Raymond expressed the opinion
that the letter referred TO could not be
adduccd as evidence, but could be re-
ferred to by counsel as the opinion Of the
| Law officer of tha State. to which the Sen.