The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1904-02-24

! ber Of the committee that there was
.|none. i
Lewis G. Wood. Jr., ~
The State.
Sworn to before me this 18th day Of
February, 1904.
E. O. DePass, Il. s.)
Notary Public for South Carolina.
Esgssa7 Exhibit E.
State Of South Carolina,
| Richland county. =
Personally appeared before me D. H.
Means, who being duly sworn says
that he was summoned to produce GER
l.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 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 ctser 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 in what
he considered necessary or proper quail
| of
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 transpired during his
examination by said committee.
That during deponent's examination
by said committee Senator j. @. 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 Bellin-
ger to eX-Gov. M. B. McSweeney, dated
Dec. %, 1908, of which the following
is copy:
| Columbia, S. c., Dec. %, 1903.
Hen. NJ 3. McSweeney, Hampton c.
H, s. c.
Dear Sir: In reply to your communi-
cation I write to say that l recollect
than on May 81, 1902, when you We're
| governor and I attorney general OF
South Carolina, I received from you.
letter of date May 81, 1902, carbon
COPY of which IS to be found at pages
140 and 141 Of volume of Public Land
| Letter Book, New Series, No. to E2O0,'
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 II
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 Mc1lvain-
Unkefer company has performed their
| contracts for the completion OF the
State house, and subsequently the COM
mission ordered the balance due Mcli-
vain Unkefer company on their salu
contracts to be paid. Mc1lVain- -Onke-
fer company now desire that the surety
bond for $50,000 given by them 10
| the commission for the faithful per-
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 author-
| lied, upon the action already taken by
| the commission to endorse upon said
surety bond the resolution Of commis-
| 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 s25OO per month"
Upon receipt of this letter from you
| recolect 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 Oo secure the performance OIL
which said surety bond had been given
|
slon), said contractors were entitled to
the return of the bond;. and further
action by the commission being un-
necessary, advised you to surrender
said bond to the contractors with an
endorsement thereon signed by you
which l dictated.
Very respectfully,
C. Duncan Bellinger.
That at the request Of said eX-Gofer.
nor M. B. McSweeney deponent pasted
the original Of the foregoing letter,
written by ex-Attorney General G.
Duncan Bellinger TO Ex-Governor M.
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 NJ. B. McSweeney While
governor surrendered said bond to said
contractors, McIlvain. Unkefer Co.
That subsequent to deponents 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 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
mittea raDort That at this time de-