The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1904-02-24

be, Of the committee that there was
; none.
Lewis q. Mood. jr..
The State.
Sworn to before me- this 18th day Of
February 1904.
! Notary Public for South Carolina.
Exhibit z.
State oi South Carolina.
R!cnlaHd county
Personally appeared before me D. H.
Means who being duly sworn says
that he was summoned TO produce GER
Oil, 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 tie 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 he was excused until the
said committee had finished with said
other witness. That deponent then
withdrew and waited in another office
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 endeaTcring to put in what
he considered necessary or proper quail
incations Of yes" and no" answers
deponent was interrupted by the chair
man with the statements answer the
question" and you need not go in to
tha. at ALL
That just after the examination was
completed the chairman Of the com
mittee requested deponent to say notn-
ing Of what had transpired during his
examination by said committee.
That during depouent's examination
by said committee Senator J. Q. Mar
shall was present.
That some time subsequent to depo-
nent's examination by said joint corn-
BeIlinger. handed to deponent let
ter written by said G. Duncan Bellin-
ger to ex-Gov. NJ. B. McSweeney. dated
Dec. %, 1908, of which the following
is a copy:
Columbia, S. c.. Dec. 90. 1908.
Hon. NJ. 3. McSweeney, Hampton G.
H., S. c.
Dear Sir: In reply to your communi-
cation I write to say that recollect
than on May 81, 1902. when you We're
governor and I attorney general OF
South Carolina, / received from you
letter of date May 81, 1902, a carbon
copy OF which is to be found at pages
40 and 141 Of volume of Public Land
Letter Book, New Series, No. to 200,
Of wnich letter the following is copy,
to wit:
Columbia, s. c.. May 81, 1902.
Hon. G. Duncan Bellinger, Attorney
General, Columbia, S. C.
Dear Six: You are familiar with the
action of the commission for the COM
pletion Of the State house at meeting
May %. 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 Mciivaln-
Unkefer company has performed their
contracts for the completion OF the
State house. and subsequently, the COM
mission ordered the balance due Mc1l-
vain-Cnkefer company on their Salo
contracts to be paid. Mc1lvaln- Cnke-
fer company now desire that the surety
bond for $4,000 given by them TO
the commission for the faithful per-
forrnance of their said contract De oy
me surrendered to them the SAID con-
tractors No action was by said COM
mission taken authorizing or directing
the surrender Of said surety bono. is
such action necessary or am author-
lied, upon the action already taken oy
the commission to endorse upon SAID
surety bond the resolution Of con1mls-
sion as to contractors compliance
with. or performance Of contract anc
surrender said surety bond to the SAID
contract
kindly give me your official opin-
ion upon this matter and oblige,
spectfully.
M. 3. McSweeney.
Governor and Chairman.
"P. S.-Mr. Unkefer informs me
that until surrendered his surety ponds
is costing him $500 per month"
Cpon receipt OF this letter from you
I recollect that I gave you orally my
official opinion, as attorney general,
that as said action Of said commission
was final and conclusive as to sad con-
tractors having performed their con-
tract (to secure the performance OF
which said surety bond had beer. given
to you as chairman Of said commls-
sion), said contractors were entitled to
the return Of the bond: and further
action by the commission beng un-
necessary, advised you to surrender
said bond to the contractors with an
endorsement thereon signed by you
which I dictated
Very respectfully.
c. Duncan Belhnger.
That at the request OF said eX-GoFer.
nor M. E. McSweeney deponent pasted
the original Of the foregoing letter,
written by ex-Attorney General q
Duncan Bellinger to Ex-Governor M.
3. McSweeney. in the back Of the min
ute book of the commission TOR the
completion Of the State house. SO as to
preserve in writing the evidence of the
reasons and circumstances under
which said NJ. B. McSweeney while
governor surrendered said bond to said
contractors, McIlvain. Unkefer co.
That subsequent to deponents said
exauina ton the secretary OF steno-
grapher Of said committee requested de-
ponent to give him access to tae rec
ords Of the commission, for the COM
pletioa of the State house, for the uur-
pose of said secretarys comparing and
verifying with said original records
said secretary's copies of portions
thereof, to be used in said joint COM
rnittee report. That at this time de-
ponent called the attention Of sad clerk
or stenographer to- said original letter
from ex-Attorney-Genera Belliager to
Ex-Governor NJ. B. McSweeney, pasted
as before stated. in the back Of said
minute book, and requested said clerk
~ ~f 90, n