The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1883-12-27
Auditor Aliens Letter.

JnaU you would NOT lllu6lltlOHdlly lulcoodec
either the law OF the facts in the matter
discussed, to the injury OF another man
character. whether he be your political
friend OF foe, and therefore request you to
publish nv response to your suggestions.
/ would have preferred to await the inves-
tigation Of this matter, but as it seems
am to be discussed and attacked before
this investigation, prefer to file my an
Swer to such assaults now.
The substance of the charges against
me originating with Senator Wlngfield and
followed up by your paper, appears to be
that [ employed my brother-in-laW, Mr.
Hamilton, treasurer Of Augusta, to do
certain work for the State, when | might
have done the work myself OF employed
some one else to do it !; OF if | did employ
Mr. Hamilton / should have paid him a
less commission than he received. Recog-
nizing the fact that my official actions are
subject to legitimate criticisms by the
public, and acknowledging my duty to ex
plain them when necessary, am glad OF
this opportunity to do so.
list. As to Mr. Hamilton's employment.
The law of Virginia authorized and re-
quired the Auditor of Public Accounts,
where railroads refused to pay the taxes
assessed against them, to make the arbi-
UIdIy tSSGSollCIU I'll sP-U,UuO PO1 l1lAAO Ctuo
designate some county treasurer to pro-
coed to collect the tax. (See Acts 1882,
D. 506.) Such being the law, three rail-
roads, viz.-the Chesapeake and Ohio, the
Baltimore and Ohio lessee of the Valley
ralroad), and the Shenandoah Valley rail
road, refused to pay the taxes assessed
against them. it being the avoWed purpose
to make d test Of their right to pay their
taxes in coupons. A test case was lmml-
nent under the new law known as Coupon
Killer No. l, = and in whatever action was
taken to force All issue, the Auditor fore
saw the necessity for thorough cooperation
between his seYected agent and himself.
1t so happened that all three of these rail-
roads had valuable property in Augusta
county, and a levy on the property OF all
three OF them was practicable there. 1t
further happened that Augusta county,
being one of the Wealthiest of the State,
her treasurer gave bond OF sou, 0J0, one
of the largest in the State, with first-class
security. 1t further happened that that
treasurer is I. man Of unimpeached integ-
Iity and excellent capacity. 1t was de-
srable that in the novel litigation about
to be inaugurated one man of capacity and
intelligence should proceed under the Au-
ditor's directions instead of several. And
in 10 other county of the Commonwealth
were these three corporations to be found
together.
This statement would seem sufficient
reason for Mr.. Hamilton's employment,
barring the fact of his being my brother
in-law. So far was that from initiating
against him in my mind, that, on the con-
trary, it operated in his favor. [ knew
him to be an honest, active and intelligent
officer. I knew he was fully bonded, and
the State would be secure and well served.
/ knew, moreover, that Icould confer with
and direct his action with greater freedom
and confidence than any other treasurer.
Under these circumstances, to have en-
ployed some one else would have been in
my Judgment unjust to him and a piece of
over SenSltiyeneSS on my part. L there
fore employed him, and cheerfully assume
whatever responsibility attaches to the act.
I'd. AS to Mr.. Hamilton S compensation.
The law under which he was employed ex-
pressly allowed compensation not exceed
ing 20 per cent. acts 1889, p. 329, sec.
"a. | assert most confidently that if the
allowance was ever justifiable it
was in this case when the contract was
made. Precedents certainly justified it,
for the records show it was usual, and it
had been for long time customary, when
collections through the ordinary channels
had failed to allow the special collector the
per cent. But this was no Ordi-
nary case. When the matter was placed
in Mr.. Hamilton's hands these railroads
stood in an attitude Of defiance, declaring
a purpose to resist the collection, inviting
q test, and threatening to sue any officer
who should levy upon their property as
trespasser and wrongdoer. When, there
fore, Mr.. Hamilton, as treasurer of Au-
gusta, undertook to perform this service
he did SO not only with the prospect of
serious litigation, but with the knowledge
that he was threatened with personal liabil-
ity in damages in actions of trespass. The
result proves that these expectations were
not unreasonable OF unfounded. Under
these apprehensions of personal labor, ser
vices and risk the contract for the maxi
mum compensation was made, and as |
submit fully justified
3D.. The statement that MI. Hamilton
has received his compensation for two
days work is wholly incorrect. The con-
tract was an entire contract covering
collection from the three railroads named.
1t is true that two of the three surrendered
the fight and paid up their taxes to the
collector, but they never did SO until his
vigorous attack upon the third, which was
the test case, had been partially successful.
l. dill QulG6 ulIttU HIS D1OCGGuluSS
against the Baltimore and Ohio railroad
brought the other two railroads to terms;
but whether it did or not, they at the time
the contract was made, which is the light
in which it must be construed, were as re-
cusant as the Baltimore and Ohio. Icould
not foresee when made the contract as to
them that they would resist less siren
uously than the Baltimore and Ohio rail
road has done, and the character and extent
of that litigation is well known. Senator
Wingield, [ learn, 'apprehendS' that lit
did not consume more than two days all
told'' in collecting the money, and there
fore he 'apprehends' that MI. Hamilton
was allowed $4,000 compensation, not be-
cause Of the care, labor and personal risk,
but because he was brOther-in-laW to the
Auditor. Mr.. Senator Wingfield might
haYe learned by inquiry that Nh. Hamil
ton, under this contract, has been for not
only two days, but for weeks and months,
involved in litigation which is still pend
ing and undecided When Mr.. Hamilton
first levied for these taxes the Baltimore
and Ohio railroad brought an action of re-
plevin against him, which first came up at
Harrisonburg and then at Richmond,
where he won the suit after long and te-
diOuS argument, employing his own coun-
sci. 1t was then that the Chesapeake and
Ohio and Shenandoah Valley railroads set
tied their Indebtedness. The Baltimore
and Ohio railroad, however, was not so
easily conquered, and procured an injunc-
tion against him from Judge Bond. which
is now pending on appeal i'll the Supreme
Court of the United States. And even
now he is threatened with an action of
trespass against him individually for the
work under the contract, which if brought
may involve him in new expense. Yet
with these matters of public notoriety
staring him in the face Senator Wingfield
''apprehends" that Mr.. Hamilton was paid
through favoritism and not for services.
[ have felt that this much was due by
meto the public as their servant and to
myself as a man. AS a citizen and an
officer / have sought always to so live as
to be able to meet all demands upon me,
and confidently await the Judgment Of my
fellow-citiZens upon my acts.
The doors of my Office swing wide apart
and the books lie open, inviting inspec-
ton, scrutiny and criticism. | know and
feel that nought but benefit to me can re-
suit from the examination of all my
transactions as Auditor, and every penny
Of the Commonwealth which I ever ham
died has been faithfully accounted for.
Not even prejudice can find a 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.
For the VIRGINIAN.]
A Good "Vindlcator" Text.