The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-09-23
SUPREME COURT
SHOULD D DECIDE
and as safeguarding the peoples
rights, should mot pay Il
tsigned) A A. LILLY,

EA6hNSg euOuRu H0t pay H.
(signed) A, A. LILLY,
Attorney general. "
On receipt Of the attorney generals
letter, was stiII somewhat unde-
cided as to my position, as the infor-
nation really sought was whether
this claim was lawful one, or not.
II it is lawful, and the trial judges
opinion as to what constitutes rea-
sonable amount is final, then my duty
would be plain, and could have no
other duty to perform but issue the
auditors warrant for the amount
Sun unsatished as to my position
and thinking Il this case went up to
the higher courts. and they should
hold that the auditor had jurisdiction,
] wanted to be prepared to look into
the matter carefully, and have all the
facts. then directed the following
letter to Judge William s. oBrien:
August IS, 1913.
Asks Explanation.
Judge William s. o'Brien,
Buckhannon. W. Va,
Dear Sir:
This office received from the clerk
of the Circuit court of webster county.
w. Va, May term, 1918. the following:
State of West Virginia VS.. Rath
Dun. 1t appearing to the court that
Guy B. Biddinger, a witness in the
above entitled cause. is a person re-
siding out of the state, to-wit, in the
state of New York, he is hereby al
lowed $s4s.ss for his attendance as a
witness in said case, and for travel
from the city of New York to Webster
Springs and return, as provided by
Section 4e12 of the Code of 1906, and
the clerk is hereby directed to certify
the same to the auditor for payment
Also same date, a similar claim.
state of West Virginia VS.. Dave Hill,
for s7Os.sO.
Also, state of West Virginia vs.. Ben
"A Smith, May term, 1913. ss4s.ss.
Same date, state of West Virginia
vs.. s. U. G. Rhodes. s7Os.so.
Same date, state Of West Virginia
VS.. H. B. Ashury, sS46.9s.
The amounts allowed by you to
Gay B. Biddinger as a witness living
out Of the state, were SO much larger
han any that have come to my notice
since have been auditor, that l write
to you for information, and respect
fully request, II you think proper, that
you give me the reasons which led
you to believe the amounts were rea-
.sonable and proper amounts to be
paid by the state for Mr.. Biddinger's
'ervices. ! am not certain whether
he auditor of the state has any au-
thority to question the allowance
made by the Judge in case of this
dnd, or not, but Section 545, of the
ode Of 1906, reads in part as follows:
Every person claiming to receive
money from the treasury of the state
hall apply to the auditor for war
ant on the treasurer, specifying to
'hereupon examine the claim, with the
'ouchers, certificates and evidence. If
my, offered in support thereof; and
or so much thereof as he may find to
'e Justly due by the state. If payment
hereof be authorized by law. and
here be an appropriation not exhaust
I'd or. expired, out Of which it is prop
rly payable, he shall issue his war
ant on the treasurer, specifying to
whom and on what account the money
Mentioned therein is to tbetoaid. and
what appropriation the same is to
ne charged, etc
l am asking for the above informa-
ion, in order that may comply with
his section, in case it should be de-
ermined that must pass on 1T, and
help me decide whether or not the
lain should be paid in full by the
tate. Any information that you can
1--WE me will be greatly appreciated,
IS l am anxious to know the just and
proper position to take in this mates.
l do not question for a minute that
'ou had good reasons for allowing the
above claims, and 1 simply want you
. write me and give them to me, SO
will understand the situation fully"
In reply TO the above, I received the
'ollowing communication from Judge
oBrien.
The Judges Answer.