Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-03-15
ArroKNEy GENERAL KucKER
publishes Letter Defending His Position
Il, Regard to the ChiIton Sbortara ord

In a communication to the Charles
ton Gazette, the States Attorney Gen
eral defines his position as to his
action in connection with the Chiffon
shortage and enforcement of repayment
by corporations of the initial license
tax His letter is reproduced below.
My action in regard to the corpora
tons who paid their initial license tax
to Mr.. Chiffon. instead Of paying it to
the Auditor. as the law directs was
based entirely On what | conceived 10
be the legal rights of the State. II
there was anything wrong in asking
these corporations to pay this money
to the proper officer I am responsible
fer this wrong, and not the Governor.
who has frequently been attacked bv
personal enemies and accused of heine
the instigator of it. My views or this
matter have been clearly expressed to
the various corporations concerned.
and | have in no way changed them
after complete investigation of the
questions involved. These corpora
tons are responsible to the State for
this money and can not discharge this
responsibility by paying it to some
officer not authorized to receive it.
The law Of West Virginia gives cor
poraticns certain rights and priyi-
leges, and no State in the Union is
more generous in its dealings with
them. In return for these privileges.
the State says in its laws that each
corporation shall pay a certain tax to
a certain officer who has given bond
to account to the State for all the
money which comes into his hands by
reason of his official position. If these
corporations elect to pay this money
to another officer who is not authorized
TO receive it, and who has given no
bond TO account for it, and who actual
ly does not pay it TO the State, it seems
10 ME they have no right to complain
when called on to make good the de-
ficiency. Some one must lose it.
Which should it be-the State which
has given them every opportunity to
make a correct payment, or the cor
poration which has failed to avail it
self of the opportunities given? The
State is not seeking, as has been said,
to collect this money twice, but to col
lect it once.
However, not only |. but all the 9TH
er members OF the State administration,
regret to see these corporations COM
PEELED to pay this money a second
time, and on this account we are do
ing everything in our power to collect
this money from Mr.. Chiffon, who adj
mits his 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, if we are able to do
SO, we shall certainly return to each
corporation the delinquency. If it is
never collected from Mr.. Chiffon, |
shall ask the next Legislature to espe-
cially appropriate money enough TO
IeLuNu W every COI dllOH LIE DlOHGJ
SO paid, for l feel that it is better for
the State to lose its money than that
any one who trusted to a public official
Of this character should be compelled
TO pay this tax second time.
| am aware that my position in this
matter has been severely criticised, for
the reason that parties cannot under
stand why it is that feeling as | do on
this subject should attempt to make
these corporations pay this money in
stead of looking to Mr.. Chiffon alone
for it. Replying to this, | will say
that as the Attorney General of the
State, it is my duty to look after the
States interest and to collect her
money, and have no authority to give
any one anything. This is strictly the
province OF the Legislature.
While l, as man, may feel that l
would like to be generous to those who
are thus compelled to suffer a grievous
hardship, have no right as an attor-
ney TO exhibit my generosity by giving
away the money that belongs to my
client, which, in this instance, is the
State If the Legislature gives this, |
will be glad, for the Legislature has a
right to do so. | believe it would be
good policy and good morals, but not
having the right to give this money
away such an action on my part would
be violation of my official duty.
Again, in law, we always go by pre-
cedent, and it is impossible to now
know when such occurrences may hap
pen in the future. If one Attorney Gen
eral releases parties who are indebted
10 the State from their obligations,
others may follow this example. 1t is
unnecessary for me to go further along
THIS line. | will merely say that L
expect to establish no such precedent.
During the time ] am in office | shall
Jealously guard the rights of the State,
and my successor will have no right to
hase any such action on any rules
which | have established.
The Gazette, however, criticises me
Tor not having Mr.. Chiffon indicted.
IN your issue Of the Sth you say; 1t
would seem that the Attorney General
mas a duty to perform. What are
grand juries convened for? Is the Re-
publican State administration so basely
cruel that it will not take steps to ex-
oneFate William F. Chiffon and re-
store his good name?" / beg to call
Your attention to the fact that my
duties in criminal cases do not begin
until the case has reached the Court
Oh Appeals. l do not consider that my
Official duty requires me to appear in
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