The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-03-30

~ SsN
Of subsequent year could have nothing to do
with them and the reclamation must be on
Peck and his suretics at the time the fraud was
perpetrated. l
One very simple and q very true test by which
to try and determine the question OF RESPONSE
bility i'm these cases, IT,, 10 see what would have
been the result had Peck not been reelected
the third year. II is quite evident that the
'notes" by which he raised large amount to
carry him over, would have renamed unpaid,
SO far as the State funds were concerned. I'll
equally evident that the Sl0, 200 OF Official
checks would have been paid from the State
funds, without regard to the question OF his re.
election. II is quite rs manifest that the town
| taxes received by him and not accounted for,
would have been demanded OF him as soon as
the collectors reported their payment and ex-
hibited his receipt. Peek would therefore,
| have been accountable for these sums without
regard to any third term Of office. They have
in fact, no necessary connection with his third
term. and. therefore, in the judgment of the
Committee, no connection with his bondsmen
tor the third year. AS Peck was accountable
10 the State ON these different items, solely by
virtue of his conduct in 1883, il appears quite
evident TO the Committee that the bondsmen Of
1858 must be held responsible. 1t cannot
certainly be pleaded either In law or justice,
that they are absolyed from responsibility
simply because Peck's accounts for the year
1855 were declared by the Legislature to be
properly youched and correct. The exhibit on
which the Legislative declaration was based,
was fraudulent one, ''and as Peck can claim no
advantage from his own wrong, 1t is not to be
presumed that those who stand as his sureties
can do SO. Ii is therefore the judgment Of the
| Committee that Mr.. Peck's bondsmen of 1883
are responsible for the following sums, making
a total of Sl4,S52 50:
Amount on official checks fraudulenty
obtained for purpose of settling &C. 80. =.
| counts, Sio,ZoV w
Amount Of town taxes withheld from
Treasury Books of 1883, 4,la2 80
Sl4.352 80
The total deficiency ofls59, as stated on the
first page of the report, is S9i, 023 90
Subtracting rs properly belonging to
bondsmen OF 1888, if,ooZ o.
And there remains. S79,67l 10
Deduct sums paid in by Mr.. Dow, 1900 90
And there remains, $7l,l7l 10
The Committee have also shown that, in their
judgment, the following sums are duo to the
State from the parties named
From J. wyman. sl,675 90
80 Mechanics Rank. LOO 90
I" Neal Dow, 3,0oo 0o
Z" Walter Brown, 2,S32 81
Amounting in oil to SS,6O7 30
Mr.. Dow, as before shown, has expressed his
willingness to pay without litigation or ex-
pense," the $4,000 which the Committee con-
slider to be due from him, elf, in the opinion Of
the Justices of the Supreme Judicial Court, he
is liable" 1t is the judgment of the Committee
that the State should demand payment OF the
foregoing sums from the parties named, and
enforce il by law, il necessary. 1t is quite
doubtful whether the BOndsmen would have
any ground of action against the parties, II the
State should decline to act, and it would seem,
therefore, to be u matter of simple justice
towards the bondsmen, for the State to take the
course thus recommended. Should the specified
sums be TINS recovered, S7l,l7l.lO would be
reduced by the sum of SS,G07.39, leaving due
| from the bOndsmen oflS59, the sum OF So2, oo3-
| II.
The Committee therefore recommend that
prompt and efficient measures be rcsorted to,
to secure from Mr.. Peck's bondsmen Of 1898
the sum of Sl4,352 50
from his bondsmen Of 80 the sum of SG2 1868 II
The Committecare happy to express the be-
| lief, that the bond of both years contains the
names of honorable men who will not attempt
to shrink from any responsibility that attaches
to them. Ii is, however, in any event, the duty
of the Legislature take the most energetic
and decisive course in the premises. Public
confidence has been shocked by the shameless
defalcation of the Treasurer, and is of supreme
inheritance to the good name and credit OF the
State. that the sureties shonld redeem the
pledge of honor which the principal has so
signaly violated.
The Committee are aware that their report
has been delayed beyond the time when the
Legislature and the public seemed rightiuly to
expect its appearance; but they also know that
it Is impossible, for one not actively engaged in
the labor of the investigation, to adequately
comprehend the inevitable perplexitics and
postponements attending it. They only feel,
that in the nearly fifty sessions they have held,
the large number of witnesses they have ex-
amined, and the many hundred pages of tcsti-
mony they have taken down, an ample reason
may be found for the delay in the submission
of their report to the Legislature. In these
prolonged labors of the investigation, the Com
mittee have been greatly aided by the services
of William Caldwell, Esq, so long known as
the trustworthy and efficient Clerk in the
Treasury office. Every paper ofany advantage
to the Committee, has been furnished by him
with the utmost promptness; and the perfect
order, accuracy and fidelity with which the
affairs of the department have been conducted,
so far rs they have been under Mr.. Caldwell's
control, relieved the Committee from many
troublesome duties, which would otherwise have
been imposed upon them.
The Committee..do not now ask to be discharged
from "further service, because there are one or
two amendments to the laws regulating the keep
ing of the public funds, which they may wish
to report, but whiIh they have not yet fully
matured.
All which is respectfully submitted.
J. NJ. LIVERM0RE. SOf the Senate
CLEMENT SKOLFlELD,
J. G. BLAINE, Chairman
So {. ::
GEO. X. JEWETT,
FREDK. Robe,
JAS. STONE, OF the House.
| ROLAND FISHER, ....
JOSEPH PORTER,
GEO. C0MSTOCK,
March s, 1860.