The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-06-01
Mcleod VS.. COMMISSION
ERS.

LINZ
Commissioners and Mcleod File
Affidavits in Reply to AppIi-
cation of Board of Audit and
Finance to Intervene and In
terplead.
The application of the county
board of audit and finance to in
tervene and interplead in the
suit of eX-Sheriff Geo. B. Nc |
Leod against the county commits |
siOners for a settlement of his
tax accounts for the year 1906
will be argued before Judge B.
F. Long in Lumberton today.
The affidavit of Mr.. A. B. Pear
sail, chairman of the board of
audit and finance, in this matter
was published in The Robesonian
last Monday. On Friday affida-
Wits were filed by j. w. Carter,
chairman of the board of com
missioners, and by ex-Sheriff
Mcleod. These affidavits are
too lengthy to be published in
full. Mr.. Carter's affidavit is in
substance as follows:
Mr.. CARTER'S AFFIDAVIT.
Affiant is informed and believes
that Col. N. A. Mclean, who
represented Robson county in
the Senate of 1907, introduced
and caused to be passed the act
creating the board of audit and
finance and therein A. B. Pear
sail, Graham McKinnon and J.
M. Butler were appointed men,
bers of said board, and the act
provided that upon the eXpira-
ton of the terms of office of such
members their successors were
to be elected by the Legislature.
; That this board selected Col.
} Mclean as their attorney, al
though he had been attorney for
many of the county officers whose
conduct in Office was to be inves-
} tigated, and although he was
2 then counsel for many of the
county officers. That when the
board began it's Investigations
they were conducted entirely by
its counsel, and no person was al
y lowed to be cross examined by
d his counsel, but that the board o1
+ audit and finance ruled that coun
o sci for those examined could only
y advise their clients as to theil
I constitutional rights to refuse t.
!. answer certain questions; that tn,
it stenographer was instructed a.
-? to what testimony should b,
II taken down and that as a resul
- the testimony taken before thu
: board, upon which it's finding
e were made, was without any re
" gard to the rights of the partie
J. whose conduct was being inves
, tigated. That the investigation
.. were held not so much to obtai
Is the truth but to find somethin,
upon which to base an attack uI
-e on the commissioners and othe
!? officials of the county, and tha
~ this became known before tn
~ conclusion of the invertigation
v and the findings were discounte
in on that account before they wer
I'd made known. That the finding
G. of the board were published an
~ filed, but the testimony was ne
i0 filed with the register of deco
nor a copy furnished to the con
er missioners, and that the con
I'd missioners had to have sam
70 copied from the records kept
~ the office of the counsel for tn
Is board of audit and finance ;
n, their own expense. That the r.
US port of the board is devoted a
it most entirely to an attack upC
or the commissioners and eX-She
- if Mcleod, contains many stat
~ ments not supported by testim
ny, many statements untrue ar
misleading, many incorrect COZ
clusions of law; that the commi
sioners are charged with doir
RS many things which they have n,
~ done, with violating may Law
- which they have not violate
IT, that they are charged with vi
he lations of law in doing thin,
re which all other boards befo
an them have done with the san
~ ton and approval of Col. M
- Lean, who was formerly cou
'e' sci for the board of commissio
III ers; that the commissioners a
W. condemned for doing thin.
~ which no fair-minded set of me-
~ would condemn them for doin
'ry That it is we'll known that Il
lot board Of audit and finance is e
Ter tirely under the control of
re- counsel and that the investig
nd ton was conducted entirely {
ii0 cording to his views and wisht
with the result that the rept
nat does injustice to the commissiC
in ers, as set forth in the reply
low the commissioners, which rel
'"y is referred to for instances
oI such injustice.
md That on February 20 the boa
lad of audit and finance filed a
bv port which purported to conts
Wv a final statement of the accoul
all of ex-Sheriff Mcleod from MAJ
ma 19, 1906, to December l, 19
led and that prior to the time of
off ing of this report the comm
the sioners had not endeavored
reach any settlements of the
III accounts of ex Sheriff McLe
for the year 1906-07 for the r
son that they were advised