Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1883-12-28

officer who should levy upon their proper.
ty, as trespasser and wrong doer. When
therefore, Mr.. Hamilton, as treasurer of
Augusta, undertook to perform this SER
vico ne did so not only with the prospect
of serious litigation, but with the know
ledge that he was threatened with personal
liability i'll damages in actions of trespass.
The result proves that these expectations
were not unreasonable or uufounded -
Under these apprehensions of personal
labor, services and risk the contract for
the maximum compensation was made,
and as l respectfully submit fully JUS
titled.
g. The statement that Mr.. Hamilton
has received his compensation for two
days work is wholly incorrect. The con-
tract was an entire contract covering a
collection from the three railroads named
Ii is true that two of the three surrender
ed the fight and paid up their taxes to thp
collector, but they never did so until his
vleOr HuS attack upon the third, Wnlch was
the test case. had been partially successful.
[ am quite confident that bis proceedings
against the Baltimore and Ohio railroad
brought the other two railroads to terms;
but whether it did or not. they at the time
tie contract was made, which is the light
in which it must be construed, were as
recusant as the Baltimore and Ohio l
could not foreSee when | made the con-
tract as to them that they would resist less
strenuously than The Baltimore and Ohio
railroad has done, and the character and
extent of that litigation is well known.
Senator Wingfeld, learn, ''apprebendS'
that lit did not consume more than two
days all told in C 'llec9ing the money and
therefore he ''appreherds" that Mr.. Ham,
ilton was allowed $4,000 compensation,
not because of the care, labor and personal
risk, but because he was brother-in law
to the A uditor. Mr.. Senator Wingtield
might have learned by inquiry that Mr..
Hamilton, under this contract. has been
for not only two days, but for weeks and
months, involved in litigation which is
still pending and undecided. When Mr..
Hamilton first levied for these taxes he
Baltimore and Ohio railroad brought an
action of replevin against him, which first
came up at Harrisonburg and then at
Richmond. where he won the suit after
long and tedious argument, employing his
own counsel. 1t was then that the Ches-
apeake and Ohio and Shenandoah Valley
railroads settled their Indebtedness. The
Baltimore and Ohio railroad, however,
was not so easily conquered, and procured
an Injunction against him from Judge
Bond, which is now pending on appeal in
the Supreme Court of the United States.
And even now he IS threatened with an
action of trespass against him Individual
ly for the work under the contract, which
if brought may involve him in new ex-
pense. Yet with these matters Of public
notoriety staring him in the face Senator
Wingfield ''apprehends' that Mr.. Hamil-
ton was paid through favoritism and not
for services.
/ have felt that this much was due by
me to the public as their servant and to
myself as man. AS citizen and an eff
Ger have sought always to so live as to
be able to meet all demands upon me, and
confidently await the judgment OF my fell
lOw-citizenS upon nv acts.
The doors of my Office swing wide apart
and the books lie open, inviting inspection,
scrutiny and criticism. | know and feel
that nought but benefit to me can result
from the examination of all my transac
lions IS Auditor, and every penny of the
Commonwealth which l ever handled has
been faithfully accounted for. Not even
prejudice can find flaw in the record,
[ think you will agree With me, that this
article should be laid before those who
have read your editorial to which [ have
referred,
Very respectfully,
S. BROWN ALLEN.