The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-03-14

~ gl1ShNNEi NSNEfNhLS--AN EsNfLA.
NATION THAT SHOULD SILENCE
4 ALL CRITICISM.
1nrcply to The attacks OF the Charles
: ton Gazette, DEMOCRACY. on the state
administration concerning It's trentmen.
Z OF the Chiffon shortage, and tho action
OF the state officials In proceeding to
collect from the foreign corpora lions
charter taxes that had been illegally
paid to the late Secretary OF State Chill
T ton, who was not authorized to receive
Z them. Attorney General Rucker has
i written to the editor of the Gazette
letter fully, explaining the course of the
I administration. The important foa-
lures OF the letter are as follows: |.
Ny action in regard to tho corpora
lions who paid their initial license tax
to Mr. Chiffon. instead Of paying 1t to
the arAltor as the law directs. was bas-
ed entirely on what conceive to be the
legal rights OF the statc.If there was
\ anything wrong in asking these corpor-
sations to pay this money 10 the proper
officer. Tam responsible for this wrong,
and not the governor. who has fro
Ssquently been attacked BY personal en-
emies and accused Of being the instiga-
tor OF 1t. My views on this matter have
been clearly expressed to the various
Z corporations concerned, and I have in
s no way changed them after compete
Investigation OF the questions involved.
These corporations are responsible to
the state for this money and can not
discharge this responsibility by paying
TO some officer not authorized to re-
iceive It.
sSs The law OF West vlrginin gives cor
z operations certain rights and privileges,
y and no state In the Union Is more gen.
81 erous In Its dealings with them. In re-
turn for these privileges, the state says
: IN its laws that each corporation shall
pay a certain tax to q certain officer
4 who has given bond to account to the
Z state for all the money which comes in
ITO his hands by reason OF his official po-
sRsltion. II these corporations elect to
Y pay this money to another officer who Is
not authorized to receive It, and who
s has given no bond TO account for It, and
who actually does not pay 1t to the
Z state. 1t seems to me they have no right
to complain when called on to make
good the deficiency. Some one must lose
It. Which should It be-the state which
has given them every opportunity TO
& make a correct payment. or the corpor-
alton which has failed to avail itself Of
4 the opportunities given? The state is
2 not seeking, as has been said, to collect
this money twice, but to collect It once.
However, not only !. but all the other
members OF the state administrations re-
4 greet to see these corporations compell
Z ed TO pay this money second time,
and on this account we are doing ev-
& erythlng in our power to collect this mo-
4 neS from Mr.. Chiffon. who admits his
4 liability and promises to pay It soon. A
number of corporations have already
paid their tax in response to my letters
\ and those of the auditor, and whenever
= We collect this money from Mr.. Chiffon,
III we are able to do so, we shall GER
!, talnly return to each corporation the
Z amount 1t has paid by reason OF this
y delinquency. II It Is never collected
from Mr.. Chiffon, shall! ask the next
neyS enough to refund 10 every corpora
Z tlon the money 80 paid, for l feel that
cit is better for the state to lose Its mo-
ney, than TINT any one VINO trusted to
Z public, official OF this character should
be compelled to pay this tax second
time.
i I am aware that my position In this
4 matter has been severely criticised, for
b the reason that parties cannot under
stand why It Is that feeling as do on
I this subject, / should attempt to make
4 these corporations pay this money in
stead OF looking to Mr.. Chiffon alone
( for It Replying to this, ! will say that
q as the attorney general OF the state, 1t
I Is; ma duty to look after the states in
terest and TO collect her money and have
no authority. TO give any one anything.
This is strictly the province Of the leg
4 islaturt.
While !. as Il man, may feel that !
would like TO be generous to those who
are thus compelled to suffer srlevous
hardship, I have no right as an ottor-
q ney. to exhibit my generosity by CIV
Ing away the moneE that belongs to my
= client. which. In this instance. Is the
state. II the legislature gives this, will
3 be glad. Cor the legislature has right
) to do so. / belie7s 1t would be good pol
.gicy and good morals. but not having
the right olgive this money away, such
On action on my part would be YIo-
z lation of my official duty.
Again, in law we always GO by pre-
cedent. and 1t Is impossible to now
know when such occurrences may hop
"a pen In the future. II one attorney gem
: eral releases parties who are indebted
TO tho state from their obligations. 9TH
ers may follow this example. It Is I'M
necessary for me to go further along
4 this limo. I will merely say that expect
s. to establish no such precedent. During
8 the time ON In office I shall jealousy
4 guard the rights OF the state, and my
successor will have no right to base any
y such action on any rules which have
I established.
u The Gazette, however. criticlses me
for not having Mr.. Chiffon Indicted. In
Y your Issue OF the Sth you say. 1T would
seem that: the attorney general has e
Il duty to perform. What are grand iur-
4 les convened for? Is the Republican
state administration so basely cruel that
It will not take steps to exonerate VIII
liam T. Chiffon. and restore his good
name?" beg to call your attention to
the fact that my duties in criminal