The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1910-02-22
COMPROMISE
ON FEES Of the
CAMDEN ESTATE.
GoUernor Uses his
Influence in
Settlement

III Dl lHe flH,puW dttvHGy lte III lnC
forfeiture ease OF the state against the
estate Of the late Senator Camden. Of
PnrkcrSburE. has bern amicably set
tied and 1t has been announced how
the fec has been divided. Wood ccu1-
ty will get sl.50O.0O. Attorney w. II.
Wolfe. Jr.. s4.2jU and Prosecuting At
tOrucy liitcshew/ and John +. Lai:.i
s2.lG5.0O each. Tax Commissioner
Townsend. who led in the prosecution
OF the suit. received nothing. notwfth-
standing the charges recently made
that he had shared in the fee.
The following statement of tho case
and the distribution of the fec, agreed
upon by all the parties concerned. wrs
given ont at the executive ofTlccs this
morning:
The governor has used his Eoo,l Of
fircs To bring about an amicablc set
tlcmcnt OF the differences between the
parties interested relative to the divis.
ion Of the. ten thousand dollars in fees
allowed by law tsection -. chapter 20,
Of The code as amcHie,l for the collec-
ton OF the penalty from the estate OF
the late johnson y. Camden. deceased.
hecattsc of the failure of Senator CAM
den during his life time to properly
return his property for taxation.
The statute above referred To fixes
tho amount of this fee mt ten per cnn-
lnm of The amount collected. no mofc
anii no less. and the amount SO collec--
cd being one hundred thousand dol
lars. ten thousand dollars Is the
amount to be paid for the attorney fac.
an'l no one has any option US 10 this
amount: the only question of dispute
was ns to whom this ,amount should
he paid.
The Camden case was Instituted BIZ
llic. Stale Tax COMMISSIONER In 1905,
under section I. chapter %. of the
code rs rnssci by tho legislature Of
1904. which provided that The proceed.
ing should be brought in tile name of
the prosecuting attorney. AMI That
there should be paid To tile prosecute
ing attorney ten PR cent of the
amount collected for his services. John
F. Laird WAS ut that time prosecuting
attorney of Wool county: w. n.
Wolfe. Jr.. was employed as special
counsel to represent tho State. A
short time after Institution of this
suit Mr.. Laird was succeeded In llr
office OF prosecuting attorney by II. ..
Hftcsf1ew. Tho legislature Of 1909
amended the act under which the case
was Instituted by giving to the State
Tax Commissioner concurrent bower
with the prosecuting attorney To in
stttntc forfeiture proceedings and PRO
ridcd Il compensation Of ten per cent
to be paid TO the attorney employed to
conduct the ciSc. Tho Camden case
was instituted and conducted under
tho direction and supervision OF the
State Tax Commissioner.
When the case was settled by the
payment OF s1OO.OoO6O by the Camden
estate the ten per cent of this amount
Or 5 sln.000.00 was set apart ns provided
by statute for the payment of the at
torncy fer.
an. Mr.. Townsend construed the law
the slUh.000.O0 was properly paid To
him rs tax commissioner. anI the slD.-
10000 provided as the attorney fee
should be paid under his direction,
and he proposed to pay Mr.. Wolfe.
who conducted the ease. :9.OO0.00 ana
TO Mr.. Laird AMI Mr. Hitcshcw $500. 90
each.
AS Mr.. IIiteshcw construed the luH
the $l94.0e0.88, should have paid u
him aS prosecuting attorney. from
which amount he would have been Gil
titled to retain ten per cent. or st0.0D1
as prosecuting attorney. and the dis
tribuuGn OF the same would he under
his direction.
The governor suggested as n corl.
promise the following settlement,
which as ben accepted by all nurtics
Interested: Fifteen hundred dollars
sl.H00l Of the ten thousand dollars
TO bc pail to Wool county. that being
the amount under the salary act OF
l9OS for which the prosecuting ntto'-
ncy Is liable to tho county il the whole
oil the fee OF $4,000 SHOULD be paid 20
him. and that The remaining $500 hc
equally divided between w. ii. Wolfe.
lr.. OF one part, and II. o. Hitcshaw
and John F. Laird, Of the other part:
therefore. w. II. Wolfe, Jr.. will ,lc.
ceivc forty.two hundred and fifty dol.
lars tsi,25O.00) and II. o. Hiteshew
two thousand one hundred and TWEEN.
ty-fire dollars t$2125.0o) and John +.
Laird two thousand one hundred anu
twenty-five dollars ts2,125.oo).