The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-07
INC Bennett impeachment.

ed 10 the consideration OF the retaliatory
laws Of this and other States, upon which
he dwelt at great length to show thatthe
taxes provided by law in such cases were
the legitimate perquisites ofthe Auditors
Office He then took up the 9Th article in
relation to the $3.50 interest on the
school bonds, after which he considered
the trapsaction with the Merchants
Bank Of Charleston which embraces the
transaction in relation to the S25, 900 Of
the B. & o. r. r., and concluded with a
review OF the transaction with the
National Bank Of Charleston. In all Of
these Counsel Morrow advanced nothing
new, and scarcely anything different from
The matters set forth in the opening
speech wherein the line OF argument
proposed by the defense was laid down.
The substance Of the argument is reiter-
ated in the closing argument made by
Counsel Arnett, in the afternoon, OF which
We give a full synopsis.
AFTERNOON.
Counsel Arnett comm enced the closing
argument for the respondent by stating
that ho would be enabled to close his ar
gumeut this evening. He felt that the
long session upon these two trials had
wearied the Senate. We're Il not matter
Of duty he should forego the pleasure
which lie found in addressing the Senate.
Never had it been u matter OF greater
pleasure to him than to speak in the de-
tense OF the respondent. The counsel
had been willing that he (the respondent)
should have been present that the Sena-
tors might look upon him. Believing
that the Almighty writes plain hand
and that the character speaks through
tho eye, he felt that the Senators could
not have looked upon the Auditor and
believe that he had been guilty OF inten.
tional offense. He would now take up
the articles in sequence and briefly con-
slider them.
The first charging neglect to report
the number and amount oil fees received.
We deny that the law ever contemplated
that these fees should go into the treas
ury, but maintain that they were the
rightful aud legitimate fees Of the Audi
tor as compensation for the extraordin-
airy labor arising from the duties i'm
posed upon him.
shall (said the CounseD for the time
assume this point conceded. do it that
may not annoy the Senate with dual
consideration OF the same point. take
It that the State has no interest ia the
private emoluments OF an officer. The
legislation in regard to all fees intended
to 20 into the treasury Of the State was
intended to deter dishonest officials from
embezzling the monies OF the State, or,
failing to deter them from so doing, the
reports required 10 be made were intend.
ed to afford clue for the detection OF
their dishonesty. Another purpose OF
the law is to determine whether the dis
bursements have been made economically
and honestly.
The Manager maintains that the OBJ
iect OF the law was 10 show whether the
Auditor had made improper charges, but
he (CounseD thought not, because it is
presumed that those doing business with
the Auditor know thelaw on these points.
One OF the requirements Of the law is that
report shall be made OF the receipts and
another Of the manner OF disbursement.
What interest can the Executive have i'll
the disbursement Of the private means OF
an official, such as his meat bills and
other household expenses? II you so
interpret the law you cannot escape the
conclusion which we have drawn, which
is an absurdity and therefore it disestab-
fishes the point made by the Manager.
But il we are wrong, the Managers will
yet have TO show that he has wilfully and
corruptly refused TO do his duty and this
they must do upon the most conclusive
testimony before they can claim verdict
OF guilty.
As to his embezzlement Of these funds.
How are We to reach Legitimate conclu-
sion upon the law unless il be by tho in.
depreciation given the law by its trainers!
The business Of the Auditor Is we'll known;
the duties devolving upon him US Audi
tor are clearly defined. He was to receive
fixed compensation as Auditor and II
fee from these insurance companies Tor
duties performed outside Of his duties "a
Auditor. The lawmakers Of this State
did not consider that tho business would
Justify the establishment OF an Insurance
Bureau and they therefore imposed
these duties upon the Auditor and fixed
The charges llicreior, which were to re-
munerate the official. Will it be claim
ed that these extra duties should be i'm
posed upon the Auditor without an in
crease OF his compensation. In passing
the retaliatory law they affixed still more
onerous duties, and will it be said that in
augmcnting his responsibilities they did
moi intend TO augment his pay therefor.
In States where they have no commission
ers the fees have always constituted the
pay Of the official performing the duties.
But when the business has been OF sutlicl..
cnt magnitude to become source OF
revenue, they have either provided fixed
salary or given him per centage OF the
receipts sufficient to constitutes just COM
pensation.
In tho case OF Miller, Of New York,
the salary OF his office was seven thou
sand dollars, and yet he was allowed the
fees whenever any extraordinary duty
was performed by him. When tue retail.
iatory law was established it was decided
that The fees should be paid into the treas
ury, although the law itself was silent
upon the subject.
Counsel hero read tho decision OF the
Court Of New York in the case, which es-
tablishes this fact, that whenever there is
an Insurance Commissioner the fees go
INTO the treasury, but whenever there is
no such Commissioner the fees derived
from the business shall 60 to the official.
Our law provides that three per cent OF
the gross receipts shall be in full OF all
taxes TO tho State. I am aware that
the Managers will say that tho word
only is used, but the object Of that was
that the law should not DO interpreted to
prevent cities and corporate towns from
ievying a tax upon these companies.
Therefore respectfully submit that these
fees belong to the officer as the compen-
sation for The duties performed, and that
Il is in accordance with every principle
Of equity and OF the great law that the
laborer is worthy OF his hire.
Upon the 4th Article, charging extor-
ton. II is not necessary for me to ex-
plain that all States imposing retaliatory
laws intended to obtain the same results
......I:.kol La, cha lava ri all other