The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-02-25

! ber Of the committee that there was
none.
Lewis G. Wood, Jr..
The State.
Sworn to before me this 18th day Of
February. 1904.
f. @. DePass, q. s.
Notary Public Tor South Carolina.
Exhibit r.
State OF South Carolina.
Ricnltnd county.
Personally appeared before me y. H.
Means. WHO being duly sworn says
! that he VAS summoned to produce GER
/ tain records OF ;i!,- commission for the
completion OF the STATE house and to
testify before the Joint committee to
! consider the several reports OF the
commission OF he completion of the
Sta:e house al.,t 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-
amina ton by said committee while de"
ponent was endeavoring to put in what
; he considered necessary or proper quail
: ifications 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
| that at ALL"
, That just after the examination was
completed the chairman OF the com"
mittee requested depOnent to say noth-
ing of what had transpired during his
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
Bellinger. handed to deponent a let
ter written by said G. Duncan Bellln-
ger to ex-Gov. M. b. McSweeney, dated
Dec. %, 1903, of which the following
! is copy:
Columbia, S. c., Dec. %, 1908.
Hon. NJ. B. McSweeney, Hampton Z.
H.. S. C.
Dear Sir: In reply to your communi-
cation l write to say that l recoliect
than on May 81, 1902, when you were
governor and / attorney general CT
South Carolina, l received from you
letter of date May 81, 1902 carbon
COPY of which is to be found at pages
140 and al of volume Of Public Land
Letter, Book, New Series, No. l to 20O,'
of which letter the following is copy,
to wit:
Columbia, S. c., May 81, 1902.
Hon. G. Duncan, Bellinger, 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
May %, 1902. to-wit: Resolved that 1t
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 Mc1iVain-
Unkefer company has performed thelr
contracts for the completion OF the
State house, and subsequently the COM
mission ordered the balance due Mcli-
vain-Cnkefer company on their salo
contracts to be paid. McllValn- Cnke-
fer company now desire that the surety
bond for $4,000 given by them 10
the COMMISSION lOT luC 1r-itAAe -
formance 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 1 author-
lied, upon the action already taken oy
the commission to endorse upon said
surety bond the resolution Of commits
sion as to contractors compliance
with, or performance of contract, ana
surrender said surety bond to the said
contractors?
kindly give me your Official opin-
ion upon this matter and obhge,
Respectfully,
M. B. McSweeney.
Governor and Chairman
"P. S.-Mr Unkefer informs me
that until surrendered his surety bond
is costing him s25.00 per month"
Upon 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 said con-
tractors having performed their con-
tract Co secure the performance OF
which said surely bond had been 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 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 NJ. B. McSweeney 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. 3. McSweeney Whlle
governor surrendered said bond to said
Contractors, McIlvain, Unkefer Co.
That subsequent to .deponents sald
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
pletior, of the State house, for the uur-
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 ex-Attorney-Gen Bellinger to
Ex-Governor NJ. B. ,McSweeney, pasted
as before stated, in the back Of said
! minute book, and requested said clerk