The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1886-04-10
MORE ABOUT CAPT. MUTT.
The Extent TO which 1le Used
state Funds.

The heretofore unconfrmed ru.
mors that the funds of the state treas.
ury had been used for speculation
in oil during the administration OF
ex- Treasurer Silas Nj. Baily have
been verified by an argument in
court by Hon. W. H. Playford, coun-
sci for Gen. Baily, who objected to
the confirmation of the report of the
auditor appointed to distribute GER
tain funds arising from the sale of
property belonging to the estate of
the late Capt. A. C. Mutt, who was
Treasurer Baily's cashier. 1t is
well known that Captain Mutt left
nothing when he died. On the other
hand, he was somewhat involved.
Mr.. Playford stated in the course of
his argument that Mutt was carry
ing $4,000 barrels of oil at the time
of his death with Harris 4 Co, oil
brokers of Pittsburg; that he was
found to be short in his accounts
with the state 81, 500; that Gen.
Baily took this oil and released the es-
tate; that this oil was sold Mt profit
of $4,000. This amount, it seems,
was allowed to go into the general
fund by the auditor of Nuts estate,
hence the objections of General
Baily, who claims it as his money.
General Baily refuses to talk about
the matter further than to confirm
the statement that Mutt was short
in his accounts to the amount men
toned at the time of his death.
There is a very interesting story
connected with these alleged oil
speculations with State funds, and if
it should ever be brought fully to
light it would probably show more
names than Capt Nuts associated
with it. Mr.. Mutt being dead can
say nothing, but there are some liv-
ing who could unfold an Accordingly
fascinating narrative if so disposed.
But the State does not appear to
have lost anything by the specula-
tions, and this fact will likely pre-
vent their history from ever being
disclosed.
1t was stated some time ago that
the creditors of Capt. Mutt were
contemplating an action to test the
legality of the payment into the
State Treasury of the money realiz-
ed from the oil sold for his individ-
ual account by Harris Il Co. 1t
was commended in behalf of the State
that, as the money invested belong
ed to the State, the amount realized |
by sale, or as much thereof as should |
be necessary to make the State
whole, should be returned TO the
State. This was done, in accordance
with legal advice, and General Bal
ley is now seeking to recover for
the amount realized from
Capt. Nuts oil.
The position is taken by some
that the entire proceeds of the oil
which Harris d Co. held and sold for
Captain Mutt should have been con
'idered as part of his individual es-
tate and that the making of the state
preferred creditor by paying
is claim first out of these oil funds
vas illegal. 1t is contended that if
he state had any claim against
captain Mutt for Incorporated
'unds it should have filed its account
ilong with those of the other credi-
,ors, and in the ultimate distribu-
ion of the proceeds of the estate
would have received its pro rata
hare. In such an event, of course,
whatever sum over and above the
,ro ratio would have been necessary
o make the state whole, the bonds
men of Captain Mutt would have
'een responsible for. 1t was only
ust that the Incorporated money
which belonged to the state would
re returned to it, but the question is
whether that restoration was effect
d by strictly legal methods. The
xecutors of Captain Mutt could not
now whether or not he got the ,
money from the state treasury, and
he only way by which they could
ave learned was by judicial in
uiry. Treasurer Baily, of course,
iscovered the shortage after Cap
ain Nuts death. When he learn
d that Mutt had been specializing in {
il, it is natural for him to presume
hat the shortage was represented in .
'utt's oil account, and equally nat
raj for him to take measures to
ave the oil account provide the :
leans to counter balance the short ;
ge.
nconnvilla