The age-herald., 1898-04-08
KELLY IS BEHIND
 IN ACCOUNTS Clerk Of Circuit Court in Walker Due the
 State $S,9G6.6S. FAIL TO TAX REMOVAL BILLS Seven Cases Where He Failed to Turn In
 the Money.
SHERIFF o'REAR ONLY SHORT $a.5o
Meeting of the International Mining Congress at Salt Lake City-Gov. Johnston Will Ap- point Delegates Conference
 Charities and Corrections
Special to The Age-Herald.

Montgomery, April 7.-Assistant Examin- CT Foster has filed with the governor his report on the office of MT. c. c. Kelly, clerk of the circuit and ex-officio clerk of the county court of Walker county, from the beginning of his term of office to January 1, 1898.
 MT. Kelly, according to the figures of the assistant examiner, owes the state $3, 955.68. This is the recapitulation: Feed and removal bills not issued for hard labor and penitentiary cases. $8,656.1O; amount due on feed bills collected, si7so; feed and re- moval bills not taxed in cases of confession, s2S11e; amount estimated due on solicitors fees, $3O62; total, s3,9e5.6S.
 The report says: q find that MT Kelly has failed to tax up and issue execution for feed, and removal bills, in all cases where prisoners were convicted and sentenced to the penitentiary, or to hard labor. These items are fully set out in exhibit "A here tofore attached, and amount to thirty-six hundred and fifty six and ten one-hun- dredths dollars.
 Failed to Turn In Feed Bills
 'T further find, that he has taxed up and collected feed bills in seven cases, where prisoners confessed judgment and has fail ed to report and pay over to the state au- thorities, this money. These bills amount to forty seven and ten-one- -hundredths dollars, interest to April 1, 1898, having been added
 "He has failed to tax up and issue execu- tion therefor, feed, and removal bills, in numerous cases, where prisoners, with their sureties, confessed judgment for fine and cost These bills amount to two hundred and one and 16-100 dollars, interest to April l, 1898, having been added, and are fully set out in exhibit "C." These items could in all have hpan collected they been taxed up.
 ''The investigation further shows that in number of cases, where prisoners were sen- fenced to hard labor for the county by the circuit court, that the states pro rata part of the solicitors fees earned, has not been reported. MT. Kelly has received part of this money and part of it is in the hands of MT. G. H. Cutlery, the county's convict contractor.
 Lack of Proper Data
 ''I have been unable to figure what per cent of these fees have been collected for the state, owing to the lack of proper data, as to the time paid for by the iesees of these convicts MT. Cutlery informs that the money he holds, which was col- lected on these cases, has not been turned ovr to the clerk because the board of coun- ty commissions instructed him to hold it until further orders. The full amount of the fees, which has not been reported, is
 
 exhibit "D." From the best information I can get the state will be entitled to about thirty-five per cent. of this amount, when the money held by MT. Cutlery, is paid over to the clerk, which MT. Guttery in- forms me, will be done at once.
 "Mr. Kelly states under oath, in refer ence to all of the above substantially as follows: I did not issue executions for the feed and removal bills, where prisoners were sentenced to the penitentiary or hard labor, because I was satisfied that all such prisoners were utterly insolvent. I did not issue executions for feed and removal bills in the cases of confession, pointed out in this examination, because I had been ad- yised that 1t was contrary to law to tax up such bills against the -sureties. I over looked the fact that few of these bills had been taxed up and collected, hence they were not repertd. I did not report the solicitors fees pointed out In this in- yestigation because of the confused state of affairs which has existed between the county officials and the lessees of county convicts in reference to their hire, and be- cause most of the money received by MT Cutlery on these cases is still in his hands," .tc>
 Sheriff O'Rear Behind
 Examiner Foster has filed his report with the governor on the books and accounts of Sheriff B. M O'Rear, of Walker county, in which he says:
 "I find that on account of few clerical errors in his feed bills against the state, as to dates Of sentence of prisoners, he has bvercharged the state eleven days, which, with interest to date, amounts to $S50
 s'The investigation further shows that he has been very rerniss in making returns of executions placed in his hands for col- lection I find that until few days ago some of these executions have been in his possession since the beginning of his term of office."
 International Mining Congress
 The official call for the meeting of the International Mining Congress has been issued, and the congress will meet this year at Salt Lake City, on July 6, 2, and g. The governor has been requested to appoint delegates and he will be glad to appoint any good citizen interested in mining in dustry who may desire to go. The official cali says:
 eve earnestly desire the active partici- patton of every state and territory in the union in its proceedings, and we cordially invite you to appoint full delegation to represent your state, urging the importance of selecting men most truly representing such branches of the mining industry as are = - - - . - l. . |. - . . |. ---