The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1885-10-29
The Missing Treasurer.

John NJ. Carroll, City Treasurer, the Cit.
Council met on the 18th to consider Thu
situation. Maj. Elder, one of the Coun
} cilmen, stated that the Treasurer hat
been absent since the oath of September
: that his papers and books we're locked III
, in the iron safe, of which nobody but Mr.
: Carroll knew the combinations, and thai
it was necessary for the interests OF Int
! city that the officer be removed and some
, one appointed for the transaction of the
business of the city, which had come to q
halt. He had satisfied himself, by an ex.
animation of the statute, that the City
Treasurer is removable by the Hastings
Court of the city, and not by the city coun-
Gil. The act of rs 6, which was passed as
an amendment to the act of IA 5, reads as
follows
/ [Approved March Is, 1885,
| l. Be it enacted by the general assembly,
That section ten of act to provide for the
election and qualification of county officers,
approved March eight, eighteen hundred and
seventy-hve, be amended and re-enacted to
read as follows:
4 40 The county and corporation courts shall
have power to remove from office all county,
city, town, and district officers elected or APP
districts, respectively, for malfeasance, mis-
feasance, incompetency, gross neglect OF
cation of the Office; provided. that the circuit
| Courts shall have power, for the same causes,
to remove the clerks Of their courts, respect
under this section shall be by order q, or on
motion before the proper court. upon reasona-
bic notice to the party to be affected thereby :;
and the accused shall have the right to demand
| a trial by jury.
.. This act shall be in force from its pas
| sage.
| One set of the absent Treasurer's sure
ties Those on his bond to the State had
already taken steps, through counsel, to
secure his removal by the court. The
4 Treasurer's Office was dual in its chacac-
ter, he being an officer of the State and an
officer of the city, and as the latter it was
the duty of the council to ask for his res
moval. In view Of that duty he would
offer the following resolutions
Whereas John NJ Carroll, Treasurer of the
| City of StauDton, has been absent from his
| his whereabouts is entirely unknown; and
whereas, the books and papers pertaining to
the Treasurship are locked up in the safe in his
office. and he alone so far as is known, has the
4 combination that will open the same; and
| Treasurer has by reason of the premises been
prac tically brought to standstill; and where
as, the council is advised that the long
tinued and unexplained absence of said John
| M. Carroll Treasurer aforesaid, from the
city, under the circumstances. amounts to gross
neglect of official duty. Therefore be it
Resotced BY the Council of the City of Staun-
ton. IN special meeting assembled that the cor
poration court of the city. now in session, be,
Snd is hereby requested to remove the said
John NJ Carroll from the office of Treasurer of
the city OF stanton for gross neglect of official
duty, the proceedings to this end to be in ac-
cordance with the requirements of law, and to
be taken and had as the court shall determine
Res0tred further, That a duly certified copy
| of the foregoing resolution and of the preamble
thereto, be forthwith delivered by the clerk of
| this council to the corporation court of the
city OF Staunton, and that like copy be also
delivered to the Commemorative Attorney for
his Information and guidance in the premises
Capt. Marquis said that the friends of
the absent Treasure had requested Judge
Sheffey to be present at this meeting and
represent him, and that Judge S., with the
permission of the council, would say some
thing on the matter before it.
By permission of the council Judge
Sheffey made some remarks, advising eau
tiouS action on the part of the council, |
and to avoid doing injustice to the absent
Treasurer, i'll view of the mystery which
hung around his disappearance. After
some remarks from Maj. Elder in support
OF his resolutions, a vote was taken on
their adoption as follows:
Ayes-Messrs. Bledsoe, Burke, Elder,
Gooch, lesser, and Wayt-6.
Noes-Messrs. Berkeley, Burns, Mar
quis, Tams, Wheat, and Witz-6.
This being tie vote the resolutions
were lost.
Capt. Marquis desired to know if the
Commonwealth Attorney would not
bring the charges for the removal of MI. |
| Carroll.
Maj. Elder don't know that he will. |
Capt. Marquis Then if it is his duty
and he don't do it, / don't see the use of |
the Commonwealth s Attorney.
Maj. Elder-We have City Council
that has duty, too
Messrs. Burke and Wayt explained that |
they had not voted for the resolution as
prejudicial to Mr.. Carroll, but as matter
of duty to the city.
Mr.. Tams then offered Maj. Elders res
olution so amended as to leave out the |
charge of gross negligence and merely re-
cite the absence.
DIR. Wayt said there was no better friend |
to Mr.. Carroll there than himself, but he !
had no idea of throwing duty to the peo-
pie. that he himself should perform, on the |
shoulders Of the Commemorative Attor-
ney. and he should vote against Mr.. Tams' |
resolution.
Mr.. Tams said he had known Mr.. Car
a hofo T., F1,. n of
four weeks, though not under such cir
cumstances as the present.
Maj. Elder said it was the duty of the
Council to inform the court and ask for
Mr.. Carroll's removal. The Attorney for
the Commonwealth had nothing to do
with it, and as a member of the Council |
he did not propose to throw his duty to
the people of Staunton, on that officer. |
He should vote against Mr.. Tams' reSo.
luton.
The vote was then taken and Mr. Tams
resolutions were defeated.
Ayes-Messrs. Berkeley, Burns, Mar
quis, Tams, and Wits.
NOes-Messrs. BIedsce. Burke, Elder,
Gooch, lesser, Wayt, and Wheat.
Mr.. Witt then moved a reconsideration
OF the vote by which Maj. Elders resolu-
tions were lost, which was carried and
J Maj E. S resolutions adopted by a vote of
Sto 4, the negative vote being-Messrs.
Berkeley. Burns, Marquis, and Tams.
THE NOVEMBER INTEREST PROVIDED
FOR.
| Capt Berkeley then offered a resolution
to borrow money to pay the interest due
| November lst, which was adopted.
FILLING THE oFFICE-PRoCEEDING IN
THE COURT.
On Friday, Oct. 10Th, Deputy Sheriff
Logan Turner, tackled the following no
tice on the front door of Treasurer Car
rolls residence
| To John ~ Carroll
| You are hereby notified that we will move
the Court of Hastings for the city of Staunton,
| on Wednesday, the 2lst day of October 1885, to
relieve us from our suretyship for you as
Treasurer txr of bon