Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-23
CHANGES AGAINST a rREAsURER

CHARGES AGAINST A TREASURER
Judge Louis c. Barley, Of the Cor
poration Court OF Alexandria, on We'd
nesday, as stated in yesterdays Gazette
entered final decree in the Circuit
Court Of Prince William county in the
suit of the board OF supervisors OF that
county against James f Herrell, the
county treasurer.
The suit which has been pending for
over three years. involved the accuracy
OF the defendants accounts ever since
be became treasurer in 1879
One OF the charges which the decree
sustains is that the treasurer failed to
account properly for all oI the penalty
received on taxes collected after the lst
OF December of the year when due.
Another charge which is sustained IS
that he failed to account for all Of the
money received on account OF the re-
demption and sale OF land returned de-
inquent for the non-payment OF taxes.
The court also held thai he had
charged too much commission on taxes
collected. 1t was also ascertsined that
the treasurer had failed to account for
certain interest collected on taxes PAID
after June 10.
A number OF other charges were also
sustained, such as his failure TO return
delinquent tax tickets to the clerk s Of
flee as required by law; failure to eX-
hibit his cash statement to the Judge
and Commonwealth attorney. and
his failure TO render the board OF SUI
pervisors the bi-monthly statements re-
quired by law.
One OF the most sensational charges.
which was sustained, was the one that
in 1907 when he was candidate ior
re-election) be placed ON the list OF
qualified voters q number OF persons
whom he had previously returned de-
linquent for the non payment OF poll
taxes.
In rendering his opinion, Judge
Barley said that he felt the court had
been trined With, rs he had recon-
mittcd a former report in the cause at
the very earnest request Of the defend
ant to give him an opportunity OF
filing certain statements, which, 1t was
claimed. would disclose alleged mac
curacies in the commissioner report;
that several months had elapsed, and
the defendant had been given every
opportunity OF filing his statements,
but that he had failed to do so, and had
announced that he had nothing further
to offer.
The court also said that the treasurer s
office was the worst kept office he had
ever seen. and that the official books
and records were in such condition
as to render extremely difficult an
accurate settlement; that he could not
understand how such a condition had
been tolerated as long as it had.
When the suit matured, nearly three
wears ago, by consent Of all parties TO
the cause the matter was referred to q.
Vernon Ford commemorative attor,
ney for Fairfax county, as a special
commissioner to report on the trea'
surer's accounts. The case was before
him for over two years. and the testl
mony. books, papers, records and Other
exhibits filed before him would I'LL
barrel. The fee paid him for this re-
port was the largest by far paid any
commissioner in the circuit within the
recollection of many attorneys.
Upon a hearing OF this report II
July the report was recommitted Z
the commissioner, with instructions Z
revise his report or not, as he was ad
yi,ed. The second report, which wa
recently filed, adheres to the view
taken in the first, and by decree en-
tered Wednesday with reports al
sustained.
The decree was suspended for nlnet,
days to enable the defendant to pre-
sent his petition to the Supreme -Cour
Of Appeals OF Virginia for an appeal
The board of supervisors we're rep
resented bv Robert A. HutchisoD, J
Jenkyn Davies and Hawes Thornton
/ Davies. who had each been common
wealth's attorney for the county dur
ing the progress Of the suit, in th
order named. ]. Jenkyn Davis die
during the progress Of the suit. Th
defendant was represented by forme
Circuit Judge c. f. Nicol and Hon
Thomas II. Lion.
Judge J. B. 7. Thornton, OF thi
circuit. was unable to preside. an
Judge Louis C. Barley, OF Alexandrls
was designated by the governor to tr
the case.
A great number OF intricate lega
points we're raised, none OF which, pei
hans. was more interesting than tha
raised by the defendant when he file
, the plea OF the statute Of limitations a
a partial defense. The court, however
, ruled that county treasurer cannC
plead the statute OF limitations IN
suit to compel settlement OF n
official accounts.
Captain James +. Herrell has bee
county treasurer since July l, lo9'
A