The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-02-25

Der. of the committee that there was
none.
Lewis G. Wood, Jr..
The State.
Sworn to before me this 18th day of
February, 1904.
E. O. DePass, q. 50
Notary Public for South Carolina.
Exhibit E.
State Of South Carolina,
Richland county.
Personally appeared before me u. II.
Means, who being duly sworn says
that he was summoned to produce GER
tain records of the commission for the
completion Of the State house and to
testify before the Joint committee to
consider the several reports Of the
commission on the completion Of the
State house and facts relating there
to-, which committee was meeting in
the agricultural committee room Of
the house. That he entered the room
and was about to be examined when
another witness was announced as
present whereupon deponent was in
formed that ne was excused until the
said committee had finished" with SAID
other witness. That deponent then
in the State house until after the de-
parture of said other witness when
deponent was again summoned to ap-
pear and testify. That during his eX-
animation by said committee while de-
ponent was endeavoring to put III what
he considered necessary or proper quail
ificationS of yes and mo" answers
deponent was interrupted by the chair
man with the statements answer the
question: and you need not go IN to
that at ALL
That just after the examination was
completed the chairman Of the COM
mittee requested deponent to say moth
ing OF what had tranSplred during MS
examination by said committee.
That during deponent's examination
by said committee Senator j. q. Mar
shall was present.
That some time subsequent to depo-
nent's examination by said joint COM
mittee ex-Attorney General G. Duncan
Beilinger, handed to deponent let
ter written by said G.. Duncan bellln-
ger to ex-Gov. NJ B. McSweeney. dated
Dec. q, 1903, Of which the following
is a copy:
Hon. NJ. B. McSweeney, Hampton c.
H, S. C.
Dear Sir: In reply to your communi-
cation I write to say that I recollect
than on May 81, 1902, when you were
governor and I attorney general OF
South Carolina, received from you
letter of date May 81, 1902, carbon
copy OF which is to be found at pages
14O and 141 of volume Of 'Public Land
Letter Book, New Series, No. to 20O,
of which letter the following is a copy,
to witt
columbia, S. c., May 81, 1902.
t'Hon. G. Duncan Be1linger, Attorney
General, Columbia, S. c..
Dear Sir: You are familiar with the
action of the commission for the COM
pletion of the State house at meeting
NAV %. 1902, to-wit: Resolved that it.
appears to the commission for the COM
pletion of the State house, that the
work is satisfactory and that the con-
tract has been substantially perform
ed The above resolution was upon
the question as to whether McIlvain-
Unkefer company has performed their
contracts for the completion Of the
State house, and subsequently the com
mission ordered the balance due Mcll-
vain Unkefer company on. their sald
contracts to be paid. McIlvain-U -Unke-
fer company now desire that the surety
bond for $4,000 given by them to
fornance of their said contract be by
me surrendered to them the said con-
tractors No action was by said COM
mission taken authorizing Or directing
the surrender of said surety bond. Is
such action necessary or am author
lied, upon the action already taken by
the commission to endorse upon said
surety bond the resolution of commits
sion as to contractors compliance
with, or performance Of contract, and
surrender said surety bond to the SAID
contractors?
KINDLY give me your official opin-
ion upon this ~ ,matter and oblige,
Respectfully,
IN. B. McSweeney,
Governor and Chairman
.P S.-Mr. Unkefer informs me
that until surrendered his surety bond
is costing him $25O0 per month
Upon receipt of this letter from you
I recollect that gave you. orally my
official opinion, as attorney general,
that as said action Of said commission
was final and conclusive as to said con-
tractors having performed their con.
tract (to secure the performance Oh
which said surety bond had been given
to you as chairman of said commls-
sion). said contractors were entitled to
action by the commission being un-
necessary, I advised you to surrender
said bond to the contractors with an
endorsement. thereon signed by you
which I dictated.
Very respectfully.
G. Duncan Bellinger.
That at the request Of said ex-Gover-
nor M. 3. McSweGney deponent pasted
the original of the foregoing letter,
written by ex-Attorney General G.
Duncan Bellinger TO Ex-Governor NJ.
B. McSweeney, in the back of the min
ute book Of the commission for the
completion of the State house, so as to
preserve in writing the evidence OF the
reasons and circumstances under
which said M. B. McSweeney while
governor; surrendered said bond to said
contractors, McIlvain, Unkefer Co.
That subsequent to deponent's sald