The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-05-11
REPORT OF COMMISSIONERS
APPOINTED TO SETTLE WITH THE sURETiEs OF
BENZ. d. PECK, LATE TREASURER or MAINE.

To the Governor and Council:
BY virtue Of Resolve approved March
20, 1850, tho undersigned were appointed
Commissioners "with authority to adjust
with the Surctics of B. D. Peck, late State
Treasurer, their liabilities on said Peck's Of.
fetal bonds, with full power to settle and
apportion the same on such terms as shall be
just and equitable; and upon adjustment by
said sureties to discharge them."
In obedience to the duty thus enjoined, the
Commissioners met ut the Treasury Office in
Augusta on the 10th inst; and the Surctes
of 1859 appeared before them and had o
hearing from day to day until an adjustment
of their liabilities was effected, the mode of
payment agreed upon, and discharge for
mally entered upon their Bond. The Com
missioners now submit the following Report
of their proceedings and conclusions:
BY the Report Of the Investigating Com
mittec, the amount apportioned to the Sure
ties of 1859 was So, 2,563.7l, and to the
Sureties of 1858, SI4, $3.50. That the ac-
ceptance Of this Report by tho Legislature
was not to be considered definite appor-
t,onlnent of the liabilities, is sufficiently evil
dent from the language of the Resolve above
quoted-in which express authority is con.
ferred upon the undersigned to "settle and
apportion the liabilities on such terms as shall
be just and equitable" The undersigned
have therefore felt fully warranted in making
such changes in the respective liabilities Of
the Sureties of 1858 and 1889 rs seemed to
them to be demanded by the application Of
legal principles which, by the best counsel
they can obtain, must govern in the strict
settlement of the various questions involved
The Investigating Committee very naturally
assumed that tho period of liability on tho
part Of the Sureties was coterminous with
the fiscal year of the State, and hence in the
division made in their Report, the Sureties of
1858 are held to be responsible only for that
part of the deialcation which actually and
palpably occurred in that year, and previous
to the Legislative inspection OF the Treasur-
cr's accounts, made tho first of January,
1859. This construction implied that tho
Sureties of the one year were discharged Us
soon as the accounts Of tho Treasurer were
declared to be correct, and that the Bond Of
the succeeding year, subsequently fled, in
cluded oil liabilities thereafter occurring
Such a construction has been the one p0pu-
larly accepted in the past, and the apprehcn-
sion of its correctness was 30 general, that
the Investigating Committee adopted it with
out special scrutiny as the basis OF their con-
clusions. The moro rigid examination, how
ever, which the undersigned have felt called
upon to make, touching this particular point,
has convinced them that the Sureties Of 1859
did not become responsible for any of the
Treasurcr's doipgs until their Bond was up
proved by the Legislature, and that up to
the same date, the Suretios Of 1858 are hold.
en-. The language Of the Constitution would
seem to be entirely conclusive 30 far as the
first point is inyolved-yiz: rs to tho time
when the liability of the Sureties OF 1859
commenced. Sec. 2, Art. V, Part Fourth,
is AZ follows:
"The Treasurer shall, before entering up
4" on the duties of his Office, give bond to the
" State with Surctics, to tho satisfaction Of
Z" the Legislature, for the faithful discharge
" of his trust"
It is quite manifest, therefore, that Mr..
Peck did not enter +" on the duties Of has Of
fee" under and by virtue of his election of
1859, until he had given Bond " to the sat
isfaetion of the Legislature" which satisfao-
tion could only be indicated by an explicit
approval of his Bond and this approval, Us
appears by the Legislative records, was not
effected until tho 4th day Of February
From and after that date, therefore, and not
until then, the Suretics of 1859 became lia-
bic for the acts and deeds Of the Treasurer.
II is equally manifest that up to that date
the Sureties Of 1858 are responsible to the
State. The condition of the Bond Of that
year (Which Is q precise COPY OF the Bonds
given for long series Of years previous, and
exactly similar also to the Bond OF iS59) is,
among other requirements, that the said
BENZ. D.. Peck "shall well and truly pay to
his successor in Office, or to any other person
that may bc appointed by the Legislature to
receive the same. all such sum or sums Of
money, books, property and sppurtenances
as upon such settlement of his accounts, or
otherwise, shall be found due and payable
from him or his agents or servants to this
State, as Treasurer aforesaid" 1t thus be-
comes evident that the Sureties OF 1858 were
bound not only to sec that Mr.. Peck's no
counts were correct at the annual legislative
settlcment, but also that tho moneys OF tho
State were actually in the Treasury when his
successor took possession Of the oiiicc: That
Mr.. Peck was his own successor, docs not
alter tho matter in the least, Tor, eGadly
considered, "B. d. Peck Of 1883, ""B. d.
Peck of 1882" were essentially distinct
Just as much 90 "a any other two consecutive
incumbents of the Treasury once. And a.
no new Treasurer docs orcan "entcr upon tho
duties Of his Office" until his bond y ap-
proved BY tho Legislaturs, 20 Benz. d. Peck,
as already affirmed, did not and could not
"cnter upon the duties Of biz once" under
his election Cf 1889, until be bond was ap-
proved On ths 4th day Of February. Thcl