Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-23
CHARGES AGAINST A TREASURER


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 E Herrell, the
county treasurer.
The suit which has been pending for
over three years, involved the accuracy
of the defendants accounts ever since
he became treasurer in 1899.
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 ell Of the
money received on account Of the re-
demption and sale of land returned de-
linquent for the non-payment OF taxes.
The court also held thai he had
charged too much commission on taxes
collected. 1t was alsn ascertaned that
the treasurer had failed tu account 'or
certain interest collected on taxes paid
after June 10.
A number OF other charges were ;:'So
sustained, such as his failure TO return
delinquent tax tickets to the clerks Of
fee as required by law; failure to ex-
hibit his cash statement to the Judge
and Commonwealth s attorney. and
his failure to render the board Of su,
pervisors the bi-monthly statements re-
quired by law.
One OF the most sensational charges.
which was sustained, was the one thai
in 1907 (when he was q candidate for
re-election) he placed on the list OF
qualified voters number OF persons
whom he had previously returned de-
linuuent for the non payment OF poll
taxes.
In rendering his opinion, Judge
Barley said that he felt the court had
been trtied With, rs ne had recon-
mittcd former report in the cause ut
the very earnest request Of the defend
ant to give him an opportunity OF
filing certain statements, which, twas
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 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 Y.
Vernon Ford, commonwealth'S attor.
ney for Fairfax county, rs a special
commissioner to report on the trea-
surer's accounts. The case was before
him for over two years, and the testi-
mony, books, papers, RECORDS and other
exhibits filed before him would till a
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 hearing of this report in
July the report was recommltted TO
the commissioner, with instructions to
revise his report or not, as he was ad-
vised. The second report, which was
recently filed, adheres to the views
taken in the first, and by decree en-
tered Wednesday with reports all
sustained.
The decree was suspended for ninety
days to enable the defendant to pre-
sent his petition to the Supreme Court
of Appeals OF Virginia for an appeal.
The board Of supervisors were rep
resented by Robert A. Hutchison, }.
,Jenkyn Davies and Hawes Thornton
Davies, who had each been common,
yealth's attorney for the county dur
ing the progress of the suit, in the
order named. J. Jenkyn Davis died
during the progress Of the suit. The
defendant was represented by former
Circuit Judge c. Z. Nicol and Hon.
Thomas II. Lion.
Judge J. B. T. Thornton, OF this
circuit, WAS unable to preside. and
Judge Louis c. Barley, of Alexandria,
was designated by the governor to try
the case.
A great number of intricate legal
points we're raised, none Of which, per,
haps, was more interesting than tina,
raised by the defendant when he filed
the plea OF the statute OF limitations as
partial defense. The court, however
ruled that county treasurer canrot
plead the statute Of limitations IN .
suit to compel settlement OF nj:
official accounts.
CAPTAIN James E. Herrell has been
county treasurer since July l, 1899