Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-08-28
new BOND ASKED FOR
COLLECTOR CORCORAN
BECAUSE THE PRESENT ONE DOES
CONFORM 40 THE STATUTES
OF THE STATE.
HE is PREPARED TO GIVE IT.
The Board of Education Adopts
Finance Committees Report. Em-
bracing LEGAL opinton-James
IL. Hall VIII Honor Orders OF the
Clerk in Certain Form.

A special meeting of the Board OF
Education was held yesterday evening
at the Board room. to receive the re-
port of the finance committee as TO
opinion OF Attorneys Caldwell & Cald-
weel. on points subml,ted to them ny
the committee. by order of the Board,
The two questions under considera-
ton were: First, that of the legality
of the former Collector. Mr.. J. X. Hall,
turning over the funds now in his
hands. about $4,000. belonging to the
Board of Education. to his successor
in Office, Mr.. Jonn corcoran: and
Second: As to the legality of Mr.. Cor
corans bond accepted by the Board,
and If Illegal then rs to what form of
bond should be given by the present
collector.
There was also involved the question
of the legality of Mr.. Corcoran's cleo
ton by the City Council to the Office
OF collector.
The report was very voluminous and
exhaustive covering some seventeen
closely typewritten pages OF legal cap
paper, the greater portion of which
was taken up by references to and
tiles and decisions.
These we're also attached to the
opinion various forms for resolu-
tons whose adoption by the Board was
recommended. and a form for a bond
to be executed by Mr.. Corcoran and his
securities, II the opinion and its sug-
gestions were adopted by the Board.
Opinion by Caldwell n Caldwell.
An opinion as to whether the secu-
rity of John Corcoran. ESQ.,, void be
liable under the bond, or contract, or
both submitted to us. rendered by him
to your Board of Education, rs city
collector for the City of Wheeling for
moneys when turned over to the said
Corcoran by J. X. Hall, Esq. as col
lector OF the City of Wheeling in case
the Court of Appeals should hereafter
hold and decide that the said Gorcor-
an was not lega elected city collector
by the City Council of said city.
In our case the City Council
is the proper authority to elect col
lector and the only question Is. was the
election regular and therefore valid"
After a very extended reference to
decisions and other authorities the
opinion says in deduction:
I'VE are therefore of the opinion
that, even If said Corcoran is held not
to have been legally elected such city
collector his security in said bond,
would be held liable by virtue ot the
same, for moneys received by said
Corcoran, which, according to law,
should be paid to a collector legally
elected and qualified
Here follows another volnminous
quotation of text books, decisions and
other authorities on the point at issue.
opinion is given as the point
I'VE are therefore OF the opinion
that there is no authority in law for
the payment by Mr.. Hall, the outgoing
collector, to his successor in Office OF
the public moneys in his hands, as the
Collector of the School District Of
Wheeling
AS to whether the surety on Mr..
Corcoran's bond would be liable under
his present bond for moneys paid over
by Mr.. Hall to Mr.. Corcoran. Author
tiles were volumenously quoted and
the following opinion given:
1--WE are of the opinion that the
surety in Mr.. Corcorans bond would
not be liable either under the bond for
the agreement for the moneys pro-
posed to be transferred by Mr.. Hall to
Mr.. Corcoran as his successor as city
collector"
AS to the disposal of the funds, some
$4,000, now in Mr.. Halls hands, the
following opinion was given:
Eve are OF the opinion that the bal
ance of money in Mr.. Halls hands, as
collector Of the School District OF
Wheeling, should be paid out upon the
drafts signed by the clerk and issued
by the order Of the Board, specifying
upon their face the particular account
to which the same is chargeable to wit,
School Fund, Building or Library
Fund, until the amount of money in
Mr.. Halls hands is exhausted"
The opinion also had the following
forms of resolutions attached to it and
recommended their adoption by the
Board.
nesolved: That the Board and it's
officers shall proceed, according to the
opinions above reported in the matters
to which it relates.
The motion of Mr.. White to adopt
this resolution and committees report
met with considerable opposition
Judge Cramner and Colonel Miller, be-
ing sharply opposed to it. However,
after considerable discussion the reso.
luton was adopted. nine members vot-
ing afirmatively.