Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1884-02-05
From the Richmond State, Jan. 29th.l
SHOWING UP ALLEN.

SHOWING UP ALLEN.
SENATOR ATKINSON REvIEwsTHE CASE AM
MAKES IT MORE STARTLING AND INTER
| EsTING-THE FAVORED BROTHER-IN-
I DISCUSSED.
Senator Atkinson. chairman of the Com
mittee for Courts of Justice, in his speech
yesterday in the case of s. Brown Allen, lat
Auditor, said:
| Mr.. President, In rising to present m,
views on the majority report from the Com
mittee on Courts of Justice, I desire to STATE
at the outset that shall discuss this resolu
tion from legal standpoint. So far as
am concerned politics shall not enter into
the consideration of this question.
As the trustees Of the people, we should
investigate and ascertain whether or not
public money has been squandered. Il
from the law and the evidence it shall ap
pear that public moneys have been improp
erly taken from the Treasury, shall call
upon the Senate to act and to act promptly.
Mr.. President, the time has come when
the representatives of the people must speak
out plainly. The time has come for the
people to know what scenes are being acted
| in high places. The time has come when
the representatives should hold to strict ac-
count those charged with grave response
bility.
1t happens that in this case s. Brown
Allen, late Auditor, should have the public
animadversion because of default in dute to
the Commonwealth.
in an excursion through pleasant fields and
f1owery meads. The subject is too grave.
The duty is too urgent and direct. The
business is too painful. The resolution i'm
plies wrongful use of public money. It
is always shocking to discover public SER
want unfaithful to high trust, and with
his hand unlawfully laid upon the Treasury
Of the Commonwealth
What is the case before us? Mr.. 8. Brown
Allen. late Auditor, is charged with collu-
sion and illegal acts in the disbursement of
the revenue of the Commonwealth.
l will state the circumstances of this seri-
GUS dereliction. The railroads under law
are assessed by certain board, and if they
do net pay by given time they are assess
ed $40, 900 per mile and the collection is
put In the hands of a treasurer. Mr.. Allen
appointed gentleman to collect this assess
ment and paid him the enormous commits
sion OF 20 per cent in violation of law. That
gentleman was John E. Hamilton, of Au-
gusta county. Had Mr.. Allen the right to
appoint Mr.. Hamilton special collector in
these cases? In the Acts of 1889 the law
states how this assessment is made and by
whom collected. It provides that taxes
shall be collected by treasurers, and they
shall receive certain compensation, viz:
on sums over $15, 600 two and half per
cent.
There is. however, law that provides
that special collectors shall be appointed
and twenty per cent allowed them for col
Letting certain class cf delinquent taxes.
When after using due diligence failure to
get the tax and after lists have been return
ed to the supervisors and the parties re-
ported insolvent, and the report is examin-
ed by the County Court, the Judge fixes his
certificate and the paper goes to the Audi
tor. These worthless tickets range from
five cents to a hundred dollars. The Audi
tor then employs special collectors. But
before he can employ a special collector he
must make contract and have the ap-
prOval Of the Governor to it. And in addi-
ton, the collector must give bond. All
these things are necessary to constitute
man collector.
Now, sir, it is under this law for special
collectors Mr.. Allen seeks to shelter him.
self; under this he claims to have acted.
He stands convicted upon his own testi-
mony. He made no written contract with.
Hamilton. He had no written approval of
the Governor. There is no recorded bond
of this especial Commissioner Hamilton.
Taking his own view and his own confession
and S. Brown Allen stands convicted
violator of the law in the most palpable
manner
What was his motive in violating the law
to appoint John E. Hamilton, of Augusta
county? Hamilton had been appointed not
many months before treasurer by the coun.
ty judge. And Hamilton was brother in
law Of Auditor Allen!
Mr.. Heaton: 1t will be well to state how
the judge derived his authority to appoint
and who made the judge.
Mr.. Atkinson: thank you for the sue-
gestion. The judge was one of the number
made by the last Legislature. A vacancy
occurred in the treasurership of Augusta,
and this judge selected this Mr. Hamilton,
who turns out to be the brother-in-laW of
Mr.. S. Brown Allen.
Now, let US look at the motive for nam
ing this Mr.. Hamilton for the fat Job of
gouglng the Commonwealth out of 20 per
cent. OF the Chesapeake and Ohio railway
taxes. That company has large shops in
Richmond and a vast amount of rolling
stock. Why wasn't the Treasurer of Rich
mond designated to collect these taxes?-
Hamilton didn't hold that office in Rich
mond.
Mr.. Allen ordered the levy in Augusta
county and without notice. This collector
was appointed March 90. The levy was
made March %. The levy was telegraphed
Gt was the first notice the company had)
from its agent in Staunton. Immediately
the vice-president went to the Auditors Of
office to pay the taxes of which he had re-
ceived no notification except the message
of levy. Mr.. Allen said he could not re-
ceive the tax, but would send for his broth
er-in-law and the money must be paid to
the Mr.. Hamilton &c., that this kinsman
might toll it to the tune of twenty per cent.
as it went into the treasury of the State.
Hamilton was brought here by a telegram.
lie took the tax from tho company, got his
twenty per cent, and went home, perhaps
that afternoon with a handsome fortune in
his pockets for days work
In the examination of s. Brown Allen, he
was asked if other railroads were not in de-
fault and when they paid? It turned out
thai the Alex, W. and Q. didn't pay till
14th of June. Why wasn't there a Especial
commissioner appointed for that line? Ah,
sir, there was no brother in-law to be ap-
pointed in that section. The Charlottes-
vile and Rapidan paid April I'd, but 10 levy
no brother-in-law thereabouts to get 20
per cent. The D. and N. R. R. didn't pay
till April. E. and N. paid April 9Th. No
levy, +. and P. Narrow Gauge, April a.
And numerous other roads didn't pay till
after the G. and O.;yet no levy-no brother
in-law.
Now, sir, it is clear there was collusion
between these two officers to the detriment
and defraudng of the State. 1t is a preg-
nant fact that Auditor Allen never placed
these deferred railroad taxes in the hands
OF any other collectors. He knew they were
wrong assessments. And that only q per
cent was all that should be paid collector.
Mr.. ). Brown Allen pretended that the
reason he allowed the excessive 20 per cent.
was that there would be difficulties and
suits against this collector to test the Cou-
p2n Killer No. 2. But when askei him,
Did you not name man collector before the
suits arose, he had to say yes.
In his sworn answer in the Circuit Court
OF the United States for the Western dis
trict the records show these other railroads
were not in default. will read:
When in fact the record in tbo Andithr,s