Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-06-08

about promptly proceeding to collect
the amounts due the county and sew.
eral Districts at the same time good
public sentiment back OF him will very
materially assist him in his efforts to
collect One Of the great public ne,
eessities today Is efficient and yigor.
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
tho official
The findings against the officials
named are cleancut, and there is lit
tie If any room for any argument or
contention as 10 any finding. and / am
writing you this letter IN the belief
that you and all other good citizens
cf your county will see to it 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 will 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
on laws. and better ard more faith
fll accounting Of public funds from
all public officials in your county. as
well as ~ your state.
To give you an illustration of the
effect IF good citizenship taking an in
terest in matters Of this kind, | shall
cite sou to Hancock county: We audit.
ed eX-sherif Wilkins o. that county.
and the audit disclosed an indebted.
ness Of about twenty-five thousand
d1,lars from wilkins TO the county and
districts: | sent the audit to the prose
cutting attorney with the request that
he take necessary steps TO enforce the
collection Of findings; he advised me
to the effect that he would look into
1t When he got time" Wilkins in
The meantime was staggering around
saying that "if he was given decent
agoit by some Pittsburg concern that
6,l la make an audit he would pay any
thing he owed" and that was about
all that had been accomplished until
Mr. c. A. Smith. of Chester, and Mr.
w, q. Wells, of Newell two of the
largest tax payers of the county. took
; personal interest in the matter and
at their own expense employed coun-
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 supplant and went before the
county court and proposed if given
ten days he would pay ten thousand
dollars of It, and if given forty-nye
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-fve
days. I have cited you this instance
to show you what eifecr 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 Noll and | note
therein that he says Il has been the
policy of this office to charge the sher-
ig 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 sherifs 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 os 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
TEN Of interest on taxes, amounting
70 over five thousand dollars, as to Mr..
Gardner, is an item that has always
been regarded "as belonging to the
sheriff and it is understood that Mr.
Gardiner will contest its payment"
This question as to Whether the inter
est belongs to the sheriifs has been de
cided by the Supreme court OF appeals
Of this State, some months ago. ad
yersely to the sheriffs, and doubtless
Mr.. Noll has been duly advised there
of. Certainly lawyer in active prac-
tice with the advance sheets of court
reports coming to him. he should have
seen this, and if he didn't see 1t in the
official records. he could not we'll have
overlooked il for the newspapers all
over the State had news items about
1t al the time
Under separate wrapper I am send
ing to you copy of Judge Brannon's de
cisicn 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