The McDowell times. [volume] (Keystone, W. Va.) 1904-1941, 1916-05-19

That Abraham A. Lilly. candidate
for the Republican nomination for Gov.
ernor Of West Virginia. while repro
senting the people a. Attorney Gen
eral OF the state. used informatiou
gained as such ofpcial for his personal
financial gain 1t the expense Of the
people whom he represented. II dis
closed by certain correspondence
which has been made public
These letters show that Lilly while
representing the people In the Chesa
peake 4 Ohio railway two-cent pas
senger fare case. tranicked In rebate
coupons held by his clients and that
In purchasing coupons his actions fol-
lowed certain court DEGREES which he
was instrumental in having entered
The correspondence. reproduced here
with. show that he dealt In these 70
bate coupons to the extent of several
thousand dollars and that he was de-
sirous OF purchasing them at less than
half Of the value fixed by the courts
for such coupons.
Facing q charge Of having person
ally profited from his clients property,
Lilly. In a recent speech at Hunting
ton. admitted that he purchased cou-
pons but declared he took q gam
bler's chance" In purchasing them and
that he purchased none after the case
was decided The correspondence
shows that such purchases were made
after the courts ordered the railway to
redeem the coupons at their full value
and that Lilly urged his purchasing
agent to put on fell speed when the
dnal decree had been entered.
Associated with Lilly in purchasing
coupons were Wesley Wilkes, a rela-
tive by marriage; ID. G. Lilly. q neph-
ew. and r. w. Darling. a railway agent
at Huntington Altogether they re-
ceived more than 1900 from coupons
purchased.
A comparison of the dates OF the let
tiers herewith reproduced and OF the
DEGREES entered In the c. & o. rate
case shows Lilly's anxiety to make
money and his use OF Official informa-
ton he received as Attorney General
In buying coupons. Notwithstanding
the fact that the coupon owners were
his clients and as a public Official II
was his sworn duty to protect their in
terests.
The two-cent passenger fare law was
enacted In 1907 and shortly after II
went into effect the Coal & Coke rail-
way secured an Injunction in the cir
cult court OF Kanawha county restrain
ing the Attorney General and prosecut
ing attorneyf from enforcihk the law
against that railroad on the ground
that the law was unconstitutional, dis
crfminatory and conhscatory. Later
the c. 4 o. entered a similar suit and
on June p. 1909. an injunction was f.
sued on the ground that the law was
unconstitutional. Provision was made
BY which the c. & o. was to issue re-
bate coupons. to be redeemed by the
company in case the Injunction was
later set aside.
The Coal 4 Coke case was carried
3D. to the State Supreme Court where the
law was held constitutional. Based on
that decision the circuit court of Ka-
nawha county dissolved the Injunction
in the G. & o. case on June 2s. 1910,
and ordered the rebate coupons re-
deemed The c. & o. appealed to the
Supreme Court Of the United States
here the case was pending when LII
became Attorney General on March
1913.
On June Is. 1913. the Supreme Court
of the United States entered q nnal
decree in the case. unfolding the state
courts and holding the two-cent fare
law valid That decree made II in
cumbent upon the c. 4 O. railway
company 20 redeem its rebate coupons
At their face value. Lilly as counsel
for the people and the coupon-ownsrs
knew this.
On June 81. 1913. the c. 4 o. filed q
bill Of review in the Kanawha circuit
court and II was on that day that LII
ly. according to the letters, sent q
check for $500 to Darling through the
Day and Night Bank for the purpose
OF paying on c. q o. coupons which
you are purchasing for me-" How long
prior to that time Lilly had been en-
gagged In trsfhcking in the property Of
his clients has not been disclosed. but
eleven days prior the highest court I'm
the land had held the law constitu-
tionai. and made the coupons worth
their face value.
That Lilly ~ss . close trader and
that all his clients were not accorded
the same treatment IL indicated by his
letter to Darling dated June Is. 1918
Yet he was representing the people and
was their counsel
That Lilly wanted q large percent
age Of profit is indicated by his letter
TO Darling dated July 4, 1913. I'm which
he called halt In his purchasing
department because he believed the
price OF coupons would drop below
fifty" A. a representative OF the peo-
pie he was trying to get their property
~ less than nifty per cent OF what he
knew was its actual value. Yet this
nan asks TO be Governor Of the state.
Nephew ID. q. Lilly. then empIoyeA