The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-01-04
OFFICIAL OPINION
BACKED HECHLER
Hcnrico Treasurer Collected
Commission According to
Instructions.
BOUDAR REPORT DISCUSSED
Gum Says He Made No Official
Reversal OF Former
Opinion.

Although in suggesting an over
charge of $1,000. by Treasurer Hechler
IN fnon the j., eol ie Of mis- commissions
H. Is. Boudnr X Son quoted former
| commemorative Attorney Julien Gum
us reversing his opinion of 1905 Mr..
Gunn stated yesterday to u reporter
Tor The Times Dispatch that he had
rendered but one official opinion and
mat was one in which he authorized
Mr.. Hochler to collect his commission
on the county and district school funds
separately. MIR. Boudar repeated last
night that he had understood Air.
/ cial, and had submitted the auditing,
report to Mr. Gum before the Board
While MIR. Boudar cites section 1916
OF inc school laws of the Virginia Coda
10 charge Mr.. Hechler. and officials
Oh the State Department of Public In
position. II appears that the Treasurer
, mas been acting on the only Official
eeplnion at hand. and that the disputed
SI,o90 cannot he demanded from MIR.
iicchier unless the School Board chooses
10 go into the courts. Tho supervisors
nave nothing TO do with the school
Iechlcr wI~ln Rights.
NJ. liechler acted in accordance
win tho only official opinion a, hand
the two funds separately,'' said Mr. Mr..
Gunn yesterday. There is absolutely
no nc, IS suspicion of criminal intent TO be
nc WIN be perfectly right to sit tight
IN the boat until the School Board
!rd suit for the alleged overcnarse
aha proves the point at the bar.
, AS to the quoted conversation with
MI. Bouuar two weeks ago. In which
/ gave totally opposite opinion from
i Thy n9rner statement. that was de
,,Nercu otthanG III the capacity of a
private citizen. Mr. Boudar did read
ms report to me. it Is true. but at tho
aime l was busy with other matters
al "A I
1t was being read for my approval
When asked for Il statement of Ills
position Yesterday, Mr.. Hechlcr was
nrin In the conviction that he acted in
the only possible way in collecting the
commissions He repudiatcd all insin-
o nn.ions ms to his honest intent. and
n ro GSned IN, INC aotermination to refuse
ordered TO do so By court. The Treas
urer gave out the following statement
over MS own signatures:
Had Official Opinion.
ne only question involved is wheth-
or tAe county funds and the school
huhos should be treated separately or
as whole in charging COMMISSIONS.
On February IL. 1905. this question
arose in the examination of ori. ac-
counts ny Boudar ~ Son. and herewith
Ginnn Commonweal'h's Attorney, and
He'd with their report, and this is
the authority under which we have
been working ever aincc taat time
In computing the commissions TO
Dc allowed the Treasurer for the col
lection and distribution of taxes levied
Tor county and school purposes whcth-
or all funds derived from this source,
should he treated as one, and pcrI
cent. allowed on the first $4,000, and
) IL per cont. on the residue, or
whether there should be two funds al
lowing per cent. on the first $1,000
or each fund, aud IL per cent on
tho residue, l am of the opinion after
carefully reading the sections applica
NE TO tho commissions to be allow cd
me treasurer. that these funds; should
DC treated separately and commission
allowed accordingly.
..r (Signed) JULIEN QUINN
We have charged our commissions
on the basis OF the Commemorative
Attorneys opinion. and on that basis
We deny absolutely having drawn more
nun we are entitled to. The question
IN nutshell is this: Four years ago
the Commonwcalths Attorney render
Cd an opinion on the commissions we
should be allowed: two weeks go he
fcFerses his own opinion, and to this
day We have had no official knowledge
81 this reversal We arc not in the
haoit OF running our Office ACCORDING
20 custom, but make sure we are right
and then so ahead If we are not 10
be guided by tho opinion of the Com
monwealth Attorney In writing, please
INFORM me who should look to? n
would like to ask also that since this
same commission has be9n drawn by|
All former treasurers in Henrico coun-
w only am asked to rcfund?"