The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-05-02
Sut,Otwsst virginia vs.. rhe lIsrchants'
Hank Of Charleston ct al.


Al tie time Of the suspension Of the
AWcLAnts Bank Of Charleston I (Kanawha
c,intyJ, exAuditor Bennett had on de-
psit tunds belonging to the State to the
amount OIL $4,000. The State obtained
Ildsuent against the bank for the amount
90 oajepOsit and sought to couple with II o
similar judgment against the suretiss who
we're on iB bond for the safe keeping Of
hs money that might be deposited by the
Stale to the extent Of $4,000, The sure.
ta are seeking to svads their liability on
Asplea that the amount involved was not
AEIully on deposit, and therefore they
NaOt liable for the banks default. The
az was argued on demurrer on behalf ol
As sutsdeS the other day, and among
other points raised by their counsel was
A.IolIowingi
The. the State In her sovereignty had or.
sinited 4 high court oi impeachment and
ehl'ged 10 that court that the Auditor had
lallWlully deposited In the Merchants
B,nE Of Charleston, $4,000; that this
money belonged 10 several counties along
MsB 30 r. R., and was taxes due them |;
lliiii' vas held In trust by the State,
We il'edel we're not llabls according To
tIne lHtsr oI the contract, for money held
hesitate in trrSt, but only Tor funds Of
HeSIGte, etc, and that two.thirds OF this
nlsa court oi impeachment, lees one vote,
pronounced the Auditor guilty. That the
Mie beloie this Court Of Impeachment
hId charged that the Treasurer hRd nm.
ANIully allowed 10000 10 accumulate in
ihls back, aud that this charge wAa sis.
aimed before that court. II Vas noled
that before these unlawful ACtp The nuSt
htly balances 10 this bank did moi Sx
essd 81 900. But that Immediately Stte,
4sse unlawful acts the quarterly balanct
'n raised to the sim Of 10000, and kepI
y 10 that sum that the sutetIes had onty
SOiS&ted themselves, II at all, for money
IEIuIy deposited 10 the bank, and ksnI
Neie IaWiully, and had The legal fivht Ia
apesl IRON tha State fair and just dealipV
,Ilh the bsuk by the State officials, AMI
MN protection which the Governor conld
Aeicise ., by Withdrawing the deposits, And
,pP9'hs any further deposits, which he
Ih Osen notified, which he had ptomissd,
SSNNhlch Ior reasons, perhaps 10 be n,Sds
, 1uuAn hereafter, be bad failed 10 do, Al.
SS.1eh S iuIIy informed Of the insolvency G
~ Ank. That tue Bnfeties had a riyhl
pttsume that the State would moi yIn,
sS hef implied covenants and hAi Tia
tS.M N.Y. 70 q appeal to the courts to protect
%1ai sOla from the consequences Of tbess
Sa SSsIal NV! ace. II WSG Asked how oar
~ss, OsIAIe 20 before a court Of impeach.
Ss,a SH eaa'gc and ptoVe these UhlSwin,
AMI ,.S 'su yen y come before a court Of law
IT,s,i.. u MAJ court 10 put upon ihest
And SSeS m., .ae onfden Of the conseauences
S |,a, maze N q them scaps goats Iof the I'M
il hu' hs,' SSSls SSls Of others, preferred and nToyet
moi svs,vs ".sp . souh Ol impeachment, Would
10 issl X, aSSneit OF honorable man blusf
ibt S,s.t WAY l Ie had shared as A citizen il
on ~ IN OLihtee uniOilunates, stranded
feaisi IVA ~ Eh;ch The State herself hSt
under ~. taHe They we're looking 10 heJ
hIt Ss.iIs w. Az, IOf that pfoIeCtloH att
mpSoSsJ % ue uue to allhet citilsns9 nm
M. N'eu Uohd sued on Waa pUnIad /,
BibS =, TStu.; The; I'VE the Merchants
Y, ,yjII.siISsston, As AsptihCipal, BY Johi
Iihe SiS", nv l's attorney 10 let, and vi
Ind ami. PsItle' as sutstisp, are hel,
SOm W. Pound, etc, in the penalty O
hot tscoSs, ~, o'SUsa,I'Ilohed that II the banE di,
nopsSs VuHI ~ according 10 law, for Al
Atc ibo =. .,,. .ne State lawfully depositeC
tT NJ NJ! saIelies would lie held .IisbiS.
tiyl1n,t Paper was sealed with me h
G%sdn G ,stoll Of Nj. DojdIidSS ,an
S,s,. Oy Iae 'ureties with their scroll
Id SD.,,sl Y E's urged that "a Ihe suTeliV
flct,rd trdss,ued !. y, 10 The paper what lhey col
EtbitN III = isaeh, they we're not pfimSvil
G.m :. Saa % the declaration 5eSctibe
tbopa1 primarily liable, aud The bond q
itll vari'SS.' SS u" they were not, II was
aS. u' Court sustained this point, and oil
voc other points OF the demurrer, q