The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1904-02-24


I."N,s q Wuud. J.
IN" state.
{ $v~ln to b.lur" IN" lhs 18TH day of
February. 1901
L. .. Dcpass. a.. s,
N"tliy Public foi south '''aroiiua.
Exhibit l..
state al South Carolina.
Krhand count?.
Personally appeared b"iuir me D. II.
Means. no being duly SW,l'n SAYS
that 1t. WAS summoned To produce Ger
tain records OF tE" commission FOR the
oompi"tpii "l III" stat" housr ana to
testify b"fuI" The "juint committee 10
consider tn" several reports OF the
commission On -" r0mulctiun Of the
stat" house ana Facts relating There
10 I'm n coiniiti"" WAS meeting IN
IN" agricultural committee room of
ih' hpuSr. That he entered the room
anu Was about to b" examined when
another witness was announced as
present WhcIcupon drponcnt WAS in
formed: that h" "HS excused until the
snti "nninilt".. had finished with said
other witness. That dcpOncnt then
Withdr"H and waited in another office
III the STAT" hOus" until after he de
phiiur" at said other witness when
dcpon"nt was again summoned 10 APP
pear and testify. That during his cx-
animation by said committee while. de-
D"u"ut WIS "ndruvoiinE to put in what
II" considered necessary or proper quail
iiiratiunS of yes ana no" answers;
d"p"n"ni was interrupted by the chair
man with the statements answer the
qt!cSi ion. ana you need not go in To
that ut ALL
That just after the examination waS
completed the chairman Of the COM
nitt"" requested dcpOncnt to say moth
ing of what had trnnSpirrd during his
examination by said committee.
That during dcpnncnt's examinat ton
! by said committee Senator J. q. Mar
shall was present.
Thnt some time subsequent 10 depo-
e, ncnt'S examination by said joint COM
mitt"c rx-Attorney General G. Duncan
IiclliIpcr. handed 20 dcponcnt Il let
ter written by said G. Duncan Bcllin-
ger To cx-t;ov. Nj. u. McSwecney. dated
Dec. -. 1908. Of which the following
is II copy:
Columbia. S. c.. Dec. 22 1903.
Hon. NJ. u. McSwr"ncy. Hampton G.
H.. =. G.
Dr:,i Sir: In reply to your commune
cation | write To say that | rrcolcct
Than on May 81. 1902. when you were
governor and attorney general OF
/ South Carolina. received from you
! letter Of date May 81. 1907. II carbon
copy Of which Is To be found at pages
liO ana i4l Of volume Of Public Land
OF viii, Al letter the following is n copy.
to Wit
columbia. s. g., May 81. 1902.
Hon. G. Duncan l'cllinger, Attorney
General. Columbia, S. G.
Dear Sir: You are familiar with the
action Of the commission for the com
plet ion of the State house at meeting
May 23. 1902. to-wit: Resolved that it
appenrS To the commission for the com
pciiOn OF the state house, that the
tract has been substantially perform
ed The above resolution WAS upon
the question as to whether McIlvain-
Cnkefer company has performed their
State house. and subsequently the COM
| mission ordered the balance due Nell
vain tniefrT company on their said
| contracts to be paid. McIlvain- Unke-
fer company now desire that the surety
bond for $50.000 given by them to
the commission for the faithful per-
! fOrmance OF their mid contract he by
me surrendered 10 them the said con-
tractors. No action was by said COM
mission taken authorizing or directing
the SURRENDER or said surety bond. Is
such action necessary or am l author
, i%cd, upon the action ulrenuy taken by
the commission to endorse ;!pon said
surety bond the resolution of commits
sion as to contractors compliance
with. or performance of contract. ana
surrender said surety bond tn the said
contractors?
Kindly give me your official opin-
ION upon tnlS matter ana ODllSe,
| 'Respectfully.
/ M. Ii. McSweenev.
/ Governor ana Chairmun.'
! 'P. S.-Mr tnkefer informs me
| that until surrendered his surety bond
| is costing him $1,000 per month"
| Upon receipt OF this letter from you
! ! Eecollect that gnve you orally my
! official opinion, ns attorney general.
| that as said action Of said commission
was final and conclusive ns to said con-
| f,,t.r 90, ,. k,.~t..
tract Uo secure the performance of
| which said surety bond Rad been given
| to you as chairman OF said commits
/ sion). said contractors were entitled to
the return Of the bond: and further
| action by the commission being un-
necessary. l 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 nj the request OF said ex-E!ovcr=
nor Nj. II. McSwetney deponent pasted
the original OF the foregoing letter.
written 10y ex-Att"rncy Generai G
B. McSweeney. In the back of the min
ute book OF the commission for the
com m.letiOn OF the State house. so as to
preserve In writing the evidence OF the
reasons and circumstances under
which said NJ. Il. McSweeney while
governor surrendered said bond to said
contractors. McIlvain, Unkefer Co.
That subsequent to deponent's said
examination the secretary or steno-
grapher OF said committee requested de-
! ponent to give him access to the rec
ords of the commission, for the COM
! pletion Of the State house. for the ullr-
| pose OF said secretary'S comparing and
verifying with said original records
said secretarys copies of portions
thereof, to be used In said joint COM
mittee report. That at this time de-
ponent called the attention OF said clerk
or stenographer to said original letter
from ACKNOWLEDGEMENT Bellinger to
Ex-Governor NJ. b. McSweeney, pasted
as before stated. In the back OF said
minute book, and requested said clerk
OF said committee to take n copy of said
letter and show 1t to the chairman
of said joint committee, thinking that
said chairman might desire to use said
letter. az 1t contained n statement by
ex-Attorney General Bellinger OF i'm
portnnt facts In reference to the sur
render of the said bonds to the said
n fNrC ~ HDo,