The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-05-19
GREENANDPARKER
CASE is APPEALED.
Supreme Court Will Hear Sui,
Involving Large Sum in
Commissions.

/, In the supreme Court of Appeals yes.
terday the administrators of Bernard
p. Green and John a. Parker securee
a writ of error in their noted case
against the Commonwealth. involving
fees amounting TO si72,35s.2s. The Gaze
comes up on appeal from a decision
of the Circuit Court of the City o.
Richmond.
This suit. while of interest becaus,
OF the public nature OF tho claim and
tbs largo amount involved. is espe.
c!aliy so because of the history which
is a part of it. 1t goes back to tnt
times of the War of 1912, when vir.
ginia advanced sums OF money to the
Federal government.
AS a ~denoument of the prolonged er-
forts of the agents n of tho Virginia
representation in Congress. a settle
ment OF the case was finally reached,
by which a set-off was made with some
State bonds held by the United states.
When the amount was balanced IL
vas found that the nation owed the
state the enormous amount of s5.5o,
'''iNH sOleillIlS pdlu INTO tne treas
ury OF the Commonwealth. Senator's
Daniel and Martin. Governor Montague
and Second Auditor John G. Dew figured
largely IN the final settlement.
Lost In Lower Cour,.
The suit was dnaugurated in the Cir
cult Court of the city OF Richmond III
the lame OF George IS. Stone. adminis-
traitor of Bernard p. Green. deceased.
and Frank D. Wynn. administrator Of
John a. Parker. deceased, against Nor
ton Afarye, Auditor of Public Accounts.
The court dismissed the suit on the
ground that since the accounts were
set off, and there had been no real ap-
preparation by Congress. the plaintiffs
were not entitled to commissions, and
for the further reason that the settle
ment was not secured by Messrs. Green
and Parker. but through the efforts Of
the Senators and the State officials.
In 1850 Thomas Green was. by act Of
the Legislature, appointed an agent for
Virginia to collect the amount due
from the United States for the sums
advanced during the War Of 1872,
amounting to S1.723,5S2.63. He was 10
have 10 per cent. of the amount COZ
lected as his commission. 1t appears
further that In February, 1859, Cover
nor Wise commissioned John A. Pax
ker to take up the same work on sim
liar terms. These men, who were well
known citizens of this State, continued
their efforts for years to secure the
money. it being claimed for them that
the State admitted in an act of 1854
that they had given their services. Both
are now dead. 1t is stated that the
feeling engendered by the Civil War
prevented the earlier payment of the
account.
Indian Trust Funds.
1t seemed that the United States
held bonds of Virginia to the amount Of
S594,SOO by purchase on account Of GER
tain Indian trust funds. 1t was finally
decided to let these accounts balance
When the interest on the bonds was
computed and the final adjustment
made 1t was found, as stated above,
that the balance in favor of Virginia
was only $3.50.
In opposition to the reasons for the
Judgment of the lower court. the petit
TONERS claim that the sum due tho ma
ton by the State accrued after their
agency was created. and through no
fault of theirs.
The case will be argued at the next
term of the Supreme Court.