The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-11-08
STANTON, VIRGINIA. NOVEMBER 8, 1877.


signed to Virginia in payment of debts due
her from Selden, Withers & Co.
These claims and the advancements made
by Virginia, as above stated, with the inter
est due on them, aggregated the sum Of
s7GO, 45O.22. The bonds upon which these
payments of interest were made were Sc
cured by first mortgage upon the tolls and
revenues Of the canal company. This debt
was, therefore, regarded as preferred
lien'' upon said tolls and revenues.
On the 26th of February, 1867, the Gen.
eral Assembly of Virginia, wishing to collect
these claims, passed joint resolution.
which authorized and directed the Board oil
Public Works to contract with counsel fol
the enforcement Of her liens upon the tolls
and revenues Of said company, in concert
with other holders of similar liens; but pro-
vided that the compensation of said counsel
should be contingent only, and be paid out
of the proceeds which might be realized
from such proceedings. + -
On the day after the passage OF this joint
resolution, a contract, which seems to have
been previously prepared, was submitted to
the Board Of Public Works by Bradley T.
johnson, and agreed to by said Board.
This contract provided that Bradley r.
Johnson, Nelson Poe and John r. Poe
should undertake to secure the debts and
interests Of the State in said canal company;
a mi tho + thav cho1l roooivo DC oovorapeo t;~,,
for their services ''such per centum Of the
debts due, liabilities guaranteed, and claims
against said canal held or guaranteed by
said State, as shall be determined by gen
elal meeting of the preferred creditors OF
said canal company to be just, proper, and
sufficient compensation for like services ~
Six days after the execution of the first
contract, second or supplemental contract
was made by the same parties. This second
contract provided that instead OF waiting for
a general meeting of the preferred creditors
(who held similar claims against the COM
pany to those held by virginia. to determine
what would be just and proper compensa-
ton for such services, the compensation
should be twenty per cent, not only Of the
debts due the State by the canal company,
which said counsel might collect or secure,
but twenty per cent, also, of all the liabili-
ties of the company which had been guaran-
teed by the State. ~ =
All the claims OF Virginia (Which are sta
ted above) against the canal company were
placed in the hands of the counsel contract
ed with for collection.
The second contract as before stated, was
made on the 9Th Of March, 1867. wv
On the 22d Of August, 1867, Bradley T.
johnson and company reported the collec-
ton of s22,302 on the claims in their hands,
and received "a, 460.40 as their fee; that be-
ing twenty per cent. of the amount collect
ed. Other collections were made by them
from time to time up to January 3rd, 1873,
amounting in the aggregate to 1881, $3.50.
Their reports fail to show what was done
with the residue of the claims placed ia their
hands.
Governor Walker, who was member and
er-o0fcio President of the Board of Public
Works, and who ought, therefore, to have
been well informed upon the subject, said,
in his message to the Legislature of Virgin
ia, dated March sth, 1870:
'sThe claim of the State against the Ches-
apeake and Ohio Canal Company, being for
interest paid on account of the bonds Of that
company guaranteed by the State, is in pro-
cess of settlement; and the agents of the
State, who have the matter in charge, are
confident that the State will soon realize
therefrom, less expenses, nearly or quite the
sum Of 5000, ooO." s.,.
On January 3rd, 1878, final settlement
was made between the Board of Public
Works and the agents of the State. The
amount collected by these agents Of the
State-Bradley T. johnson and company
was, according to their reports, &C., $751;
800. In their settlement with the 'sBoard,"
these agents were allowed to retain the sum
OF $249, 542.9 as their per cent. and only
paid it into the State Treasury the sum Of
ss2,347.lO. . ,4., ls.eis
At the session of 1874 of the General AS
sembly joint committee OF the two Houses
was appointed to enquire into these trans
action. That committee reported to each
House, and their report was spread upon
the "Journal Of the House," and also of the
Senate-but, fortunately, was never adopt
ed by either House or Senate. ido4
The whole report bears unmistakable evil
dence that it was either prepared by Brad.
ley L. johnson himself, OR by his exact
counterpart-one whose powers of imitation
are perfect. -...,i lslc5 Eaa aro}
The report concludes as follows:
''The whole matter is, therefore, finally
concluded and we find - sos
LIST. That the contracts made by the
Board of Public Works with the Counsel
were authorized by law, and were judicious
and advantageous to the State. ai
End. That they have been executed by
counsel with zeal, energy, ability and sue
cess and, a3 Y.lf4less
3rd. That the final adjustment and set
Element was strictly in accordance with the
HICClICuU anu CuIltIdCto lIlduC anu CIilCiCu
into,'
In 1876 The VIRGINIA PATRON, with
its characteristic watchfulness of the inter-
est of Virginia, published several articles re-
viewing and criticizing this report and the
transactions upon which it was based. These
articles caused me to make a careful exam
ination of the case. That examination sat
listed me that grievous wrong had been
perpetrated upon the State by her officials
and agents; and that the case ought to be
thoroughly investigated, and the material
facts made known.
Investigation of oliicia! delinquencies is al
ways a delicate, difficult, and unpopular
task. In this case it was made doubly so by
reason Of the fact that committee, com.
posed of some Of the most prominent men
in the State, had reported upon the case
and, without giving the facts upon which
their conclusions were based, pronounced
all the transactions TO be, not only legiti-
mate, but ''judicious and advantageous to
the State Yet, feeling that duty should
outweigh all other considerations, I offered