The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-09-23
Declares Auditor Darst in Ex-
5 planning His Position in
Biddirlger Case.

S0htIofeTsy over tue bluulnSer uetec-
tive bill, rendered for seryices in the
legislative bribery cases:
have refused to give a public in
teryiew on the question of the pay
ment of the claim allowed Guy B.
Biddinger by Judge William s.
o'Brien. for his services as non-resi-
dent witness in the prosecution of the
various bribery cases at Webster
Springs, for the reason that from the
time these claims were placed in my
hands, up to the present, have ear
nestly endeayored to satisfy myself
just what my duties were In the mat
ter, regardless of the balance of pub
lie sentiment on either side.
His Own Position.
! now think the public is entitled
to a brief. statement from; me / shall
not attempt to discuss the merits or
dement's Of these claims, but simply
give what.my position is and has been
relative to their payment, as a state
officer, and one that is charged with
the duty to pay only such claims as
are warranted by law. received
these claims at the closing hours of
the Office. on Saturday, the ninth of
August, 1913. On the following Mon
day morning 1 looked them over, and
was undecided as to what action to
take, as the amounts allowed were
SO much larger than any similar
claims presented to me for payment
during my term of office. / had in
mind and was familiar with Sec. 1912
of the Code of 1906, and thatipart of it
which is applicable to this case, which
reads as follows:
"a person residing out of the state,
who attends court therein as wit.
ness, shall be allowed by said court a
proper compensation for attendance
and travel to and from the place of
his abode, the amount of the same to
be fixed by said court.
Reading this section Of the Law
alone, it would seem that the auditor
would have nothing To do but to pa,
the amount fixed by the Judge in thi'
case. Any private opinion he nigh
have as to the justice or injustice o.
it would make no difference. 1t woult
seem as though the legislature ha6
left it to the judgment of the cour
the amount of what. he considered a
proper compensation,
Contradictory Section.
1 also had in mind Sec. 545 Of the
Code, which reads in part as follows:
Every person claiming to receive
money from the treasury of the state
shall apply to the auditor for a war
rant for same, and the auditor shall
thereupon examine the claim, with thf
vouchers, certificates and evidence, L
any, offered in support thereof, ant
for SO much thereof as he may find
to be Justly due BY the state iflpay.
ment thereof be Authorized by law
and there be any appropriation not ex
hausted Or expired, out of which 1T I
properly payable, he shall issue hi
warrant, etc"
Reading this section alone, 1t woulf
seem that 1t was up to the auditor
decide what constituted "ressonabl
compensation" for the services of
nonresident witness, regardless O.
the amount at which the court ma,
have fixed 1t.
This claim, as / have stated above
being an unusual one, and with the
above quoted sections of law before
me, desired in the first place to know
If I had any option In the matter O.
the payment II did have, then ]
desired to secure all the information
possible, including an itemized state
ment, from the Judge, in each case
making up the totals, in order that J
might pass on these claims as INTEL.
fgently as possible.
Asked Attorney General.
then directed the following letter
TO Hon. A. A. Lilly, attorney general:
august II, 1913.
Hon. A. A. Lilly, attorney general,
City.
Dear Sir:
am enclosing you orders Of the
court of Webster county, made upon
this office by Judge William s. o'Brien
for Guy B. Biddinger, who was wit
ness in the following cases: S. U. G
Rhodes, Ben Smith, Dave Hill, Rath
Dun and H. F. Asbury.
received communication from
the attorney general, reviewing the
case at some length, and closing Will