The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-05-05
M ORE ADO T3TH e ST. LN kER.
8 OBSERVATION-DISCLOSURES; s.
elGr.s.

coRNWEIL.Mo TeomERY
Bill.
x Continuing our brief discussion OF
yesterday concerning the credit given
Sam MONTGOMERY forf introducing
billiin8our recent Legislature by some
obscure newspapers Of the State, we
desire 10 repeat that the legitimate
fees coming to the State for the acts
Of the State officials were taken from
the secretary Of states office and the
auditors Office BY acts Of the Legis-
laturc following the recent amend.
ment TO the constitution. The bill in.
troduced by Montgomery, prepared
doubtless by Ran Stalnaker or John
CornwelI, aimed at the administration
and possibly at the then incoming
secretary Of state, because he re.
fused TO turn traitor to his party and
join the insurgents and vote and work
for old Marshall TO be made President
Of the Senate, was bill which en-.
deayors to turn into the State treas.
ury attorneys fees earned by the
secretary Of state heretofore, for the
turning Of which into the treasury
there is no shadow of excuse. There
has been a very wide misapprehenslon
on the part OF the people OF this State
as to this particular legislation, and
It might be as well to explain here to
our readers Just what 1t means.
Every corporation securing char.
ter under West Virginia laws applies
to tie secretary OF state for that char.
ter. and since the adoption Of the law
following the constitutional amend
ment above referred TO, the charter.
fees, recording fees, tax on the great
seal and the license tax are all paid
to the State. The statutes OF the
State require every corporation whcth-
er resident or nonresident to appoint
an attorney In fact upon whom ser.
vice of any process or notice may be
had and to report It's property to the
assessor for taxation. II has been
customary heretofore for attorneys
al law all over the State TO act as at
torneys in fact for corporations for
which they were attorneys at Law,
and TO charge therefor fee Of $1,000
per year. II has also been customary
for the secretary of state 1.-THE law re.
curling that the attorney in fact OF
nonresident corporations must re.
side at the seat of government), to
act as attorney in fact for foreign
cOrporations and charge fee of Si0.0U
per year for his services as such, Just
as hundreds OF attorneys do. This
fee, an attorneys fee. Is the one at.
tempted TO he turned into the State
treasury by The Montgomery bill.
The records OF The secretary OF
states Office show that of all the Tor.
eign corporations chartered under
| West Virginia laws about sixty per
cent. appoint the secretary OF state
TO act as attorney in fact, while the
other forty per cent. appoint their. at.
torneys at law, whoever they may be.
The attorney In fact fer the corpora.
ton earns his $1,000 fee every year
Il Is his business 10 report TO the col
poration that he represents any
changes in the law, the things that
II is necessary for the corporation &c
do 10 preserve its corporate existence
to advise it fully on all questions tina,
arise In its yearly elections, to see
that Its license taxes are paid prompt
ly-in other words, to keep genera
oversight over each corporation Ii,
, represents to preserve its legal sta
! tus. So that the law introduced b,
montgomery, per Stalnaker O
: Eornwell, was not law turning tn
legitimate fees Of the State into III
State treasury but was law lepriy
ing attorneys at law as well as tn
secretary of state Of source of In
! come for legitimate fees for legit
!. mate services rendered, which the
t had heretofore enjoyed-an rattorne
S fee that the State has no more RICH
b TO convert into the treasury than
y has 10 compel an attorney TO pay int
& the State treasury the fees he CO
i. lects for writing deeds or trying la
J, suits, or doctor to pay to the Stat
Ices for attending the sick.
There is another feature of this ST