Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1912-06-07

about promptly proceeding to collect
: the amounts due the county and sew
aral districts, at the same time gooC
public sentiment back Of him will very
/ materially assist him in his efforts tc
collect One Of the great public ne
cessities today is efficient and vigor
Gus enforcement Of the law. and it is
difficult for public officials TO enforce
the law unless there is some public
sentiment behind the law and behind
the official.
The findings against the officials
named are cleancut, and there is lit.
tie If any room for any argument or
contention as to any finding, and l am
writing you this letter in the belief
that you and all other good citizens
Of your county will see TO Il that pub
lie sentiment does get behind your To-
cal officials and bring about a speedy
adjustment and settlement from the
officials named in the audit.
The amount that your county and
districts may recover from these Off
Gals viii not be the great thing gain
cd by the sentiment awakened in your
county, hut the great thing you will
gain will be more efficient execution of
,ou laws. and better and more faith
fll accounting of public funds from
all public officials in your county, as
well as In your state.
To give you an illustration Of the
effect IF good citizenship taking an in
terest in matters of this kind, l shall
cite sou to Hancock county: We audit
ed ex-sheriff Wilkins OF that county,
and the audit disclosed an indebted
ness of about twenty-five thousand
rilars from Wilkins to the county and
districts: I sent the audit to the prose
cut ing attorney with the request that
he take necessary steps TO enforce the
collection of findings; ne advised me
10 the effect that he would look into
it when he got time" wilkins in
the meantime was staggering around
saving that "if he was given a decent
anoit by some Pittsburg concern that
C.t Id make an audit he would pay any
thing he owed" and that was about
all that had been accomplished until
Mr. G. A. Smith of Chester and Mr.
w r. Wells, of Newell, two of the
largest tax payers of the county, took
personal interest in the matter, and
at their own expense employed eoun-
sci to bring the suits, saying that they
knew something was wrong but didn't
know exactly what it was until the
audit came out-and what was the re-
suit? Instead of continuing his swag-
gering. defiant attitude, Mr.. wilkins
became suppliant and went before the
county court and proposed if given
dollars of it, and if given forty-fve
days he would pay the residue; he
has complied with his agreement by
paying the ten thousand dollars, and
am given to understand that he will
pay the residue within the forty-hve
days. | have cited you this instance
to show you what effect it has when
public spirited citizens take interest
in these public matters, and get be-
hind the enforcement Of the law
At this point the Martinsburg World
Of date the 22nd instant, had been
handed me, which contains statement
of presenting attorney Ncll and I note
therein that he says it has been the
policy of this office to charge the sher-
if with everything unaccounted for
and to place upon them the burden of
establishing any credits to which they
might be entitled, and saying further
both sheriffs claim numerous credits
to which they are entitled but which
they have not had an opportunity to
establish from the record.
1t Is not the policy OF this office to
charge the sheriff with everything I'M
accounted for. to put upon him the
burden OF showing what credits are
due him, but we have charged the
sheriff with just what the records
show they have not accounted for
Again Mr.. Noll says. that the large
item of interest on taxes. amounting
to over five thousand dollars, as to Mr.
val ulltlt is an item lI'tl mas AWAY $
been regarded as belonging to the
sheriff and it is understood that Mr.
Ga'dner will contest its payment"
This question as to Whether the inter
est belongs to the sheriTs has been de
cided by the Supreme court OF appeals
of this State, some months ago, ad-
versely to the sheriffs, and doubtless
Mr.. Noll has been duly advised there
of Certainly a lawyer ia active prac,
tice with the advance sheets of court
reports coming to him, he should have
seen this. and if he didn't see it in the
official records, he could not Well have
overlooked it for the newspapers all
over the State had news items about
it az the time.
Under separate wrapper | am send
ing to you copy of Judge Brannon's de-
cision in the case of Nease V. Smith.
Sheriff. wherein interest was held to
be part of the funds belonging to the
public
Mr. Noll says that six thousand dol