The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-24

PsnssI for the sams-Ths Contention
BetNSssn the Governor and Auditor
Amleabiy settled.
Special Dispatch 10 the Intelllgencer.
CHARLESTON. W. Va, Nov. "a
The local Democratic organ this morning
devoted a column and half TO an al
legged alteration between Governor At
kinson and Auditor Lafoiiette. relative
TO the payment of expenses for extradit-
ing criminals. Governor Atkinson, ac-
cordlng to custom. has been drawing
from the criminal fund, but Auditor La
toilette raised legal point, and claimed
the amount should be taken from the
civil contingent fund. He referred the
matter to Attorney General Rucker, who
decided in Mr.. Lafollette's favor, but ex-
planned his position TO the Intelligencer
representative In the following language;
~ read Mr.. Lafollette the statutes re-
Iatlng to the payment for the extradltlon
OF prisoners when he requested me, but
could make no recommendations, as
that Is not my business. However, my
advice as a citizen 10 Mr., Lafollette
would be to continue in the hne OF his
predecessors.
1--WE get our reduisiton laws from the
old Virginia code, which was amended
by our legislature in 1882, section H. OF
chapter IL. which says the governor may
pay out OF the civil contingent fund any
reasonable expenses incurred under this
section, but for the past twelve years, on
account of the limited ap-
prupriation for this fund the
governors have been HquidaNng all such
accounts from the appropriation OF the
criminal fund"
DO you consider they had the right to
do It, General Rucker?"
Technically speaking they should
have used the civil contingent fund, but
the appropriation was too small, and by
the time the legitimate expenses about
the capital were paid. there was nothing
left. The appropriations for this fund
were not Increased with the progress OF
the state and the relative increase in
crime. Since that law was amended In
1882, the Mercer and Mcdowell coal fields
have been opened up and. in fact, the
mining industry before that time was
practically nothing compared with to-
day.
'4rhe influx OF population In these re-
glons has brought large number OF the
criminals. and scarcely week passes
that some crime is not committed and
the evil doer escapes to another state.
The cost OF securing his capture and re-
turning him to this state varies from $50
to $50, and / am OF the opinion that 5000
ls 9. low enough estimate OF the cost OF
extraditlng the criminals who escape.
Subtracting that from the appropriation
Of 1000, and $4,000 is left for other ex-
penses. The labor at the state house
costs 5000 a year, thus Governor Atkln-
son would not have a cent left for any
other purpose. If he had larger con-
tIngent fund there would be no diff
Guilty"
II understand that ex-Attorney Gen.
eral Alfred Caldwell rendered an able
opinion on this same question, in which
he decided the expenses for extradiung
prisoners should come out Of the criminal
fund; but have been unable to find the
opinion. With the growth In population
and wealth, the governors fond should
be proportlonatcly increased, but when
questions like this one come before me. 1
am obliged to interpret the law to the
best OF my dblllty, and not TO suggest"
II comes from reliable source to-
night that the difficulty has been AMIGA
bly, settled and Governor Atkinson's
fund Will not be used for paying extradl-
ton expenses.