The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-14
CALLS ON HECHLER
TO REFUND MONEY
Hcnrico School Board Preparing
TO Test Law Affecting: Treas
urer's Commissions.
COURT TO DECIDE MATTER
Troublesome Question Will Be
Settled for All Time by
Judicial Ruling.

Acting under the direction of the
lienrico County School Board, Dis
| trict School Superintend ,nt a. d.
Wright yesterday mailed a written or
der to County Treasurer II. c. IIechler
nstructing him to place to the credit
| of the school fund $1,000 alleged excess
commissions on school funds coll,cteu
by the trcasurer's office If, as Is en-
pccted. Mr.. Hcchler refuses TO refund
the disputed sum, Commonwea lth's At
torney sutton will be instructed to in
stitute proc ,cdlngs against him 70 .
tho recovery of this amount, as roc.
commended in the auditing report OF
II. Il. Boudar & Son.
While dsclaininS any imprtation OF
wronEdoinG on the part of the treas
urer, the board decided to take this
drastic action IN order TO malS. n test
case and so regulate the collection OF
commissions on school funds in the
future. The step was only taken after
prolonged conference with both the
Attorncy-Genaral and the State De-
pnrtment Of Public Instruction. From
every hand came assurance Of Implicit
belief In the honesty of the treasurer
and his force, but all authorities unitcu
in the belief that MIR. Hcchler. In COM
mon with number of other county
trcasurcrs in the State, is collecting
his commissions on school funds un-
der misinterpreation of the laws reg
ulatins such commissions.
iIcchlcr wants Court Decision.
Although the boards order will not
reach Treasurer Hechler until this
morning. his course of action is almoat
certain. When the report OF the audi
tors was first rendered. carrying the
recommendatio that he be mad, 10
reimburse tho school board to tho OK
tent of Sl.50o. Mr.. ITcchler announced
his intention of resisting such payment
until commanded to do so by the court
In collecting his commissions under
the method now discrcditcd, Mr.. Iech-
Ter was acting on the official opinion
OF former COMMUNICATING Attorney
Gum and Is convinced that with such
authority TO support him he cannot he
made to reimburse.
While Mr.. Gum put one int ,rprcta-
ton upon the statute referring to the
collection OF commissions on school
funds, other lawyers have CONSTRUCT
the section differently. The whole con.
troversy hing IS on The question, Shall
the county and district school funds be
treated rs separate and distinct sums
| tor the purpose Of collecting 4 per
cent commission. or shall the NO be
| Jumped and tho commission collect ed
on the two sums as one?' Treasurer
ticchlcr has been making his collections
| under the separate ruling. There is a
.crence of Gis per cent in favor OF
| The treasurer when the collections are
made on tho two sums separately.
commemorative Attorney sutton said
yesterday that while not desiring in
any way TO reflect upon Mr.. II achler or
his motives, the county school bon RI
vas determined TO have the question
I legally tested and some authoritative
precedent established for the guidance
| of other trea surers in the future. Mr..
icchlar has said that he has no oblec-
t!on to going into court with this un-
ters;andng but believing that he has
acted fully within the law. or certainly
within the only interpretatio OF the
| law al his command. he is not willing
to surrender his case on the demand
of the board.
Test Case Suggested.
After thrcshing out the question at
several meetings. the school board at
4 recent session adopted resolutions au-
thorizins superintendent Wright to ask
the advice Of the Attorney General ana
The state Department of Public lustruc-
t!"n. Thc Interpretation put upon tide
law by the Attorney General WAS diff
iercnt from that Of commemorative
| Attorney Gunn-that is, that the COM
| mission should la collected from the
two sums Jumped The Department of
| Public instruction suggested that IL
was the duty OF the county school board
) To bring the case into the courts, mako
! a test OF IT, and forever settle the nucs-
tion ON way or the other.
The county board then passed short
resolutions instructins Superintendent
| Wright to demand the restitution OF the
! 90 by Treasurer licchlcr. He was
authorized TO call in commemorative
| Attorney sutton in cas-, the treasurer
refused to refund the amount. If Mr.
'icchler holds oat in his determine ton
4 10 fight the question out to tho finish,
| the case will hc tried before Judge K.
Cart r. Scot, AT the April term of the
/ ilcurico county Circuit Court.
Loving Cup for air. Hundiey.