The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-23
LAWYERS WAR THE I / IL BANK 3 "
Counsel for Mr.. He hlerS !. Write Write,

Counsel for Mr.. Hcchler Write
to Institution Where Money
lis Deposited. Il
hi After waiting for several days to re-
9celve commonweal this Attorney L., @.
BNvendcnburgs opinion as Ito who should
8have the custody OF the proc eds Of the
recent $50, 900 jailS bond issue of Henrico
county Treasurer IIechler5 received d let
ter yesterday stating that while IN most
cases the treasurer should have control
OF all county funds, In this particular
matter the power to hold v the money
LAY III the hands OF the B board Of Super
Wilson's. a .3ssSs
The board has the funds deposited tolls,
credit in the Bank IN of 338$$I edmond and
X Treasurer Hechler contends that they
Z should be3cerditetl to his office. lie states
that he Is resolved to ask for q mandamus
& to- compel the board to do 80, and that
Attorney Wendenburg' 9 opinion will not
turn him from t. II. sS5g 58 81
MI. Wendenburg' 81 Letter.
Y I'll Following is the Commonwealtll's At
torneyss written statement ss8s II
i. i;a5 August %. 1906.
4 Mr.. HI c. TIechler, Urea surer Of Henrco
s$ Count 4 e. lssS sss JIG IA f
18th instant, asking my written opinion,
as commemorative isAttorney,,g5sas to
whethersthe Board of Supervis ors q re not
required by law to turn over TO yo,i.S as
4 tren surerf Of the county, the proceeds 70 &
1.-The jail bonds. wish to- say It Is my
%optnion they are not required by law to
do so. My reasons for this opinion g re
based on he flowing sections. aod the
ytvrriV ,tvt
Sclares, THE county treasurer shall re-
Sceive ali moneys payable into the trea--l
sllrys Of said county, and disbtrse tn g
general law declaring Wha moneys q re
payable into the treasury q said a |,
& count y.'' Therefode, in my opinion, all
funds that any statute dec lares shall be
COLLECTED and disbursed by the treasurer
must be paid into the trea sury and al
other county funds ordered by the Board
OF Supervisors to be- Elected and 5f !lli
5bursed by the treasure must pc palu into
the gtreasury;b but as to- such other county
funds the Board of Supervisors have the
right to say whether they shall be col =
lected and disbursed by the county trea q
{surer s . u !. Z, q
declared by statutes to b. payable into
the county treasury ire the following s
0 Section s62 Of said Code il declares the
county Shall ressiye t ne Goun ".
ceipt Of the State rev en1ie
Section 50 clare IT. taY s on e 8, E
License fSssS be
treasurer OF the colln ".
S Section COZ declares: Each county
treasurer shall reee z; the state revenue
Z Section COS declares That all delin-
5duent taxes paid the audit on account
Of The county mus be paid to the county
VI y, 400 I, "A az do rIa res E$.'That the
tre ee,,pns e sal It'll sell land for delinquent
taxes costs, etc.,. and the proceeds are
payable and chargeable toS him and his his
b Z Section 144e declares 1.-THE county,
/ treasurer shall. in all cases collect and
5d dts o. invest the funds places under
9i hs s
Of schools shall endorse tho warrant from
the State school funds over TO- the trea s.
q Section 1915 declares All school
moneys to be disbursed III any, !, county
shall he kept. and aseM e py
sumds 81 70 him him.
58 Section 1915 declares that the !, state g
mgfs sssheos shaii be paid the county
Acts 1000, page 1o5, declares that bonds
may be issued Ter the permanent nnn tha IN
epeeds s of salo Of such bonds shall be paid
to tho county treasurer. III III 4
~ Sector 2l40a de clares the Inspector OF
shal collect toa the oysas
8 ure 3 said county all money collected
for county purposes whe 2 SAD board shal
THUS the Legislature has ,expressly de-
tcared what moneys arc payab BILE into the
county treasury, 8yiz.:: county !. ewes,
taxes collected sss BY i the auditor and due
jl linz lands and costs, certain funds
placed e9ntFol
School funds; the. nroceeds from saleo Of
road bonds, and the oyster tax when so 50
o' The Le Ct has failed to declare;
that any other county moneys or funds
arc pnyable into4the county treasury;.
and according toe familiar rule q CON On
rius, ali other coun tys funds not expressly
,,nentioped are excluded from the class
and are not payable into the county treas
80 and Wjsa dis
sci'etion q SUCH other, county funds are e
left, and the proceed of the county 8jall
bonds belong thbS atatsaTgt ssss nro
tec iaief that the action of the. Hoard Of
Sudss Tho s erous Cart Of HenrIee
according TO the provisions "a az " section
AS As I'understand the actor o. the Board
OF Supervisor In failing to alloy this
they ti,sreby says the conty isosoS ii
Commissions, 4 which Woud VI have to !. be
paid the treasurer, and The county rs
credit Of this fund \. which Will anin,lntsto
about s., 900, & according to conservative
estimate, and thus the coint III is saYl Ing
So 500 hut had the Board of Ss!!psrylseo,rs
treasurer t s hands. this would have made y