The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-02-23
the committee that there WAS
Lewis G. Wood, Jr.,
The State.

Lewis G. Wood, Jr.,
The State.
Sworn to ,do, before ME this 18th day OF
f. 0. DePass. u. S.
Notary Public for South Carolina.
Exhibit E.
State Of South Carolina.
; Richland county.
Personally appeared before me D. Ii.
Means. who being duly sworn says
that ne was summoned TO produce GER
tain records of TIE commission for the
completion of the State house and to
testify before the Joint committee 10
consider the several reports Of the
commission on rse 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
deponert was again summoned to ap-
pear and testify. That during his eX-
animation by said committee while de-
! ponent was endeaToring to put in what
he considered necessary or proper quail
! ificatiocs of yes" and Sno" answers
deponent was interrupted by the chair
! man with the statements answer the
question" and YOU need not sc in to
that at all.
NIL !, Co.. -
! completed the chairman of the COM
mittee requested deponent TO say Moth
| 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-
nenr'S examination by said joint COM
n,ittee eX-Attorney General G. Duncan
Bellinger. handed to deponent let
! ter written by said G. Duncan Bellin-
ger to ex-Gov. NJ B. McSweeney. dated
Dec. -. 1903. Of which the following
is copy:
! Columbia, S. c.. Dec. %, 1908.
Hon. N. B. McSweeney. Hampton &.
! H., S. c.
! Dear Sir: In reply to your conamuni-
! cation I write to say that l recollect
than on May 81, i9o2, when you were
governor and attorney general OF
South Carolina. I received from you Il
letter. Of date May 81, 1902. carbon
copy: OF which is TO be found at pages
40 and 14l of volume Of Public Land
Letter Book. New Series. No. ! to 200. y
Of which letter the following is a 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 q, 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 Mc1lTaln-
! Unkefer company has performed their
contracts for the completion OF the
State house, and subsequently, the com
mission ordered the balance due Acil-
vain -Cnkefer company on their SAID
contracts to be paid. McIlvain-Cnke-
! fer company now desire that the surety
/ bond For S50,000 given by them to
! the commission for the faithful per-
! forpnaAce of their said contract be by
! me surrendered to them the said con-
fractoss. No action was by said COM
missioS taken authorizing or directing
the surrender Of said surety bond. is
such Action necessary or am l author
| lied, upon the action already taken by
the commission to endorse upon salo
suretyi bond the resolution of commits
sion ds TO contractors compliance
with, tr performance of contract. and
surrender said surety bond TO the SAID
contractors?
.; KINDLY give me your official opln-
ion upon this matter and oo!lse.
Respectfully.
| m. B. McSweenev.
Governor and Chairman
.P. tS.-Mr. Unkefer informs me
that uatil surrendered his surety bond
is costlng him $500 per month
! UDo{ receipt of this letter from YOU
| reeollect that 1 gave you orally my
I official opinion, as attorney general
that as said action of said commission
was final and conclusive as to said con-
tractors having performed thelr con.
! tract ITO secure the performance OF
which said surety bond had been given
to YOU as chairmans of said commls-
! sicn3 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, distared: tate resnec,ful,y,
G. Duncan Bellinger.
| That at the request of said eH-Gover,
nor MI 3. McSwetney deponent pasted
the original of the foregoing letter
written by ex-Attorney General u
Duncan Bellinger 10 Ex-Governor NJ.
! 3. McSweeney. in the back of the min
! ute hook Of the commission Tor the
conpletion of the State house. so as 10
preserve in writing the evidence OF the
reasons and circumstances under
which said n. 3. McSweeneE While
governor surrendered said bond TO SAID
contractors, McIlvain, Cnkefer 60.
That subsequent 10 deponents said
| exami nation the secretary or }steno-
eraoher Of said committee requested &C.
oonen, to give him access to the rec
ords :of the commission. for the COM
nlet;on Of the State house. for the uur-
nose iof said secretary's comparing and
verifying with said original records
said secretary'S 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-Genera Be!llnSer 10
Ex-Governor N. B. McSweeney. pasted
as before stated. in the back OF Salo
minute book. and requested SAID clerk
of said committee to take copy OF sald