The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-10-09

April 27th-N. Y, G: B. B., time
II day; amount, $500; expense
$25.s2; total, $5O.92.
April 2Sth-N. Y, G. B. b. time
day; amount, $500; expense
STATS; total, $S9.15.
April 29th-N. Y, C. B. B., time
l day; amount, $500; expense
$3.50; total, $3.50.
April 3Oth-N. y, G. B. B., time
l day; amount, $500; expense,
$26.92; total, $51.92.
May 1st-N. Y, C. D. D., time, /
day; amount, $500; expense,
5000; total, $1,000.
Total amount, $125.O0; total ex,
pense, $S1.49. Grand total, $2O6.49.
You will note that Mr.. Burns
fixed MIR. Biddtnger's salary at
$500 per day. That his trip from
New York was S25.92, and his re-
turn trip was $2G.02, and his ex-
penses while here ran from $t4.15
to $500 a day. While l considered
the bill large, especially the expense
part, ! took in consideration that lie
was u high salaried man; that his
services were indispensable TO the
state; that he could not be c0Inpeii-
cd to come, etc, and honored the al
lnwance made by Judge Black, With
out question.
After the completion of the brib-
cry cases at Webster Springs, ! re-
ceiYcd the following order from
Judge Williams S. O'Brien for the ser
vices Of Guy B. Biddinger Is a non
resident witness in the bribery cases
at Webster Springs. No ltcmized
bill accompanied this order, and a
written request from me to Judge
Io'Brien failed to secure it. Judge
IO'Brien's order is as follows:
State of West Virginia VS.. Rath
Duff. 1t appearing to the court that
Guy b. Biddinger, u witness in the
above entitled cause, is a person re-
siding out Of the state, to-wit, in
Interstate of New York, he is hereby
Iallowad $S46.99 for his attendance
as "a Iwitncss in said case, and for
travel from the city Of New York to
Webster Springs and return, as pro-
vided by section 1872 of the code of
1906, and the clerk is hereby direct
cd to certify the same to the auditor
for payment"
Also same date, a similar claim
state of West Virginia vs.. Dave HILL
for s7O0.6O.
Also, state of West Virginia VS..
Ben a. Smith, May term 1913
SS4G.99.
State date, State of W. Va. VS.. S.
U. C. Rhodes, $7O9.60. e
State date, State of w. Va. vs. H.
F. Asbury. $S46.99.
Total, $3,96O.17.
When l received this allowance
made by Judge William S. o'Brlen t.
Guy y. Biddingcr, it appeared to DC
50 much more than the amount fixed
by Mr.. Burns and approved by Judge
Black, with no itemized statement tt
give me further light, and no knoWl'
edge as to the number. Of days h
was held at Webster Springs that
Mt once submitted the matter to the
attorney general seeking his opin'
ion as to whether or not ! should psl
this claim without question and t
ascertain If 1t were renewable b!
the auditor. If 1t were not flna
WITH the Judge, then / deemed |
my duty to pass upon this claim
The attorney general replied to M!
letter, stating that in his opinion thu
claim was extraordinary and eXor
bitant, and. as one safeguarding thu
peoples rights. should notTpay 1t
In the laws governing my duties
in connection with payments OF thu
kind. arc found the following sec
tons. which seem to have a bearing
on this particular case:
Sec. 1912 of the code Of 1906 con
tains the following provision:
~ person residing out OF TIT
state, who attends a court therein
rs u witness, shall be allowed by sat'
court a proper compensation for at
tendance and travel to and from TIN
placG of his abode, the amount OF TIL
same TO be fixed by said court
Sec. j45 of the code contains tni
provision:
Livery person claiming to receive
money from the treasury of the stat'
shall apply to the auditor for II war
rant for same, and the auditor Sliai
thereon examine the claim, will IN
vouchers, certificates and evidence
if any, offered in support thereof
and for so much thereof as he ma!
find to be justly due by the state
fragment thereof BIO authorized b!
1uA1v-~ a0Or .