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

Nho W huS AuGb hhAb
this S2l 60 was not in the Treasury and
to have the Governor explain the manner
in which this money was recovered to the
Treasury Of the State.
Counsel Arnett renewed the objection
on the ground that the conversation was
not known 10 the Auditor until after he
had made the deposit TO the credit OF the
State, when he then inquired Of the Gov
ernor aboutit and explained the matter.
Manager Stuart said that they expected
to show thatit was by reason OF this con.
yersation that the money was deposited
to the credit Of the State.
The Senate sustained the objection OF
the respondents counsel.
The Governor resumed-I traced the
money to draft by the Auditor OH the
First National Bank. The money u.s.
certained to be the interest on what is
popularity known as the irreducible school
fund and was in the First National Bank
Of Wheeling, which was State depository.
This money actually gQt:i the Treas.
ury on the 24th day Of June, as will be
found BY the semi.annual reports OF both
Tue AuulkuE uhu 1LCuSuACA'
The Governor nttested the reports OF
the Auditor and Treasurer, which the
managers desired to introduce as evil
dence.
Cross.examined by Morrow: 1t was
ascertained in September, 1872, that u
sum OF money was missing from the
Treasury. | recollect it from the fact
that the Auditor wanted TO so to New
York, to which l objected. This money
was receivable from the Sub!Treasury al
New York. only know from letter in
my possession that the money was in the
First National Bank OF Wheeling on the
2lst Of March, 1873. Until certificate
OF deposit was issued the money was not
in the State Treasury. The Auditor
showed me considerable correspondence
had by him with the First National Bank.
Manager Stuart objected to rehearsing
the Auditors statements US evidence.
The Governor continucd-l am not
aware that the Auditor knew that this
money was in the First National Bank OF
Wheeling and demanded n certificate OF
deposit. Assuming that the money was
in the bank in 1872 and no certificate Of
deposit given, the Auditor as Secretary OF
the Board OF Education could draw
the interest. Where the money was in a
depository should not have pursued the
course pursued by the Auditor.
In drawing the money without the order
OF the Board he the Auditor) violated the
statute. The bank should have been
paying interest on the money from the
time Of deposit. The money came into
the hands Of the bank by its power OF
attorney to collect, and it would have been
proper for it to have paid it into any 9TH
er bank which was depositary OF the
State. The interview with Auditor Ben
nett was ofhis own seeking.
Re.examined by the Manageable
duty Of the Auditor as Secretary
OF the School Board was to collect the in-
tercst and to put it into the Treasury.
A party making deposit in desig-
mated depository and receiving GER
tiicate of deposit, his debt to the State is
discharged and the money is in the
treasury Of theStnte although the amount
may not be charged to the bank on the
Treasurer's books. | do not know
whether this Ss,lGO was paid in gold or
in greenbacks.
Geo.Adams was called and sworn-l1e
was cashier OF the First National Bank
from 1864 to 1874. Bank was State
depository, paid per cent interest after
this law was passed. Never paid but one
rate Of interest which was 4 per cent. In
relation TO the S2,lG0 the bank was Il
depository and held power OF attorney
which was general. Under this rule the
Fourth National Bank OF New York was
authorized by them to collect the interest.
Theyalleged that something was informal
and considerable correspondence ensued
between the Wheeling bank and the New
York bank and the Auditor. In the
meantime / discovered that the Au-
ditor wanted the interest collected at
Charleston. During this time this s., lGO
was collected and paid into the bank, but
it was not improbable that the bank
might have to pay the money back. Mr..
Bennett drew on the bank for the money,
which he (Adams) was inclined at first not
to pay, but to avoid trouble did pay it, but
afterwards cancelled il by reduction on the
next balancing Of his pass.book, and the
reason therefor explained to him. Ihave
no recollection Of a letter from the Au-
ditor claiming this stfm as the January
interest OF 1872.
Mr.. Adams was referred to the printed
copy Of letter said to have been written
by the Auditor, which he said he pre-.
sumed was substantially correct. He
was also shown letter OF September IL.
1872, which he supposed to be part OF
the correspondence; also called his atten-
ton to letter Of September II. My
recollection is that the money had not
been taken up on the books until the set
tlement Of the attOrneyship. The inter-
eat was on the So, 100 from the time it was
passed into the treasury. Iii is probable
that the first certificate was lost and the
bank did issue a duplicate. 1t was not
the custom OF the bank to require re-
ceipt for the certificates. Presume that
tho only way the Auditor would know
that the money wasin the treasury would
be by the certificate issued by the bank.
Mr.. Adams having concluded his evil
dcncc, the Senate adjourned.