Daily globe., 1879-04-22
1T IS HARD.

But If You Go on the Bond of Kepubll-
can Office Holder You Must Pay.
Not long ago the GLOBE made mention of
'the perils of Office holding" and instanced
the case of George F. Potter, together with
all opinion of Judge Nelson's deciding that
he and his bondsmen should reimburse the
government to the tune of $4,000. Potter
got another dose yesterday, the whole matter
being explained in the following
United States circuit court, Minnesota dis
trict. The United States vs.. George F. Potter
and Charles McIlrath-April, 1870.
This is an action on an official bond dated
August 4, 1871, by Potter as disbursing agent
Of the United States at Pembina. He retired
from the Office June 80, 1874. The principal
item in controversy was b charge against Pot
ter OF $1,000, draft for which sum was trans
mitted to him May II, 1871, to cover disburse-
ments for the quarter ending June 80, 1871,
the facts concerning which sufficiently appear
in the opinion Of the court. It WAS contended
on the part Of the defendant, McIlrath, who
was surety on Porter's bond that he is not liza
BILE for this sum the grounds that there is
no statutory authority for the appointment of
dlsbursing agents. or for their giving
bonds; that Potter's wrongful acts,
If any, and the governments loss
office; that the payment by the government of
the money covered by the draft more than three
years after its date was irregular and unlawful;
and that after Potter was known by the ac-
counting officers of the treasury to be in de-
fault to the amount of the draft, they continued
for several years, contrary to the provisions of
section l ,76G of the revised statrtes to pay him
his salary and commissions to an amount in
the aggregate greater than that claimed by the
government.
W. W. Billson for the government.
Geo. L. and Chas. e. Otis for Defendant Nc
Ilrath.
The head of department of the govern
ment is authorized in the administration of the
duties of the office to employ agents and deter
mine when an exigency arises demanding their
employment. The law of 1854
N. S.,, section 3,614 recognizes the
| right and provides for a bond to be given by
the agent for the faithful discharge of his
duties. The act of March 8, l849 (R. s. Sec.
3, 6lO required payment of all moneys received
by Potter irto the treasury without abatement
or reduction" and it became necessity to ap-
point him disbursing agent He was appoint
| ed an agent for payment Of salaries commits
sions, incidental and other expenses of his
Office receiver, and that of the office of regis
ter for the Pembina land district, so called.
He made on April 6, 1871, an estimate for
salaries, fees and commissions for the quarter
ending June 80, 1871, in the sum Of $500,
and treasury warrant dated May II, 1871, was
forwarded him. He received the warrant, did
not pay commissions ou5 of the moneys called
for, never returned it, but charged himself
in his report to the government, with the
amount and on July 1, 1874, after his term OF
office expired, by endorsement passed it out OF
his control. Els sureties are liable for gov.
ernment moneys received during his term o1
| athce, and his neglect to account f,r and pay
over is breach Of trust and failure ''faith
fully to execute and discharge the duties o1
his Office" which was guaranteed by them.
Section 1866, r. s. U.S s., authorizing the sal
ary of an officer in arrears to be withheld
forms no part Of the contract with the sure
ties. This statute was passed to secure anl
protect the government, and insure punctual-
ity on the part of public officers, and although
1t in strong language inhibits th
payment of ksalaries to any pcrso1
In arrears, yet if an unauthorized payment il
made by the proper officer whose duty it is t.
pass upon and allow salaries, the governmen
is not responsible for the misconduct of sue
officer, and the sureties are not discharged o.
that account, III Wheaton, 1874; Howard, LOG
8 Wall, 274.)
The certified transcript of Potters account
as dlsbursing agent, shows balance due th
government, and that the warrant remitted t
him during his term of Office was not used i
making disbursements for the government.
3 This warrant not being presented for pay
ment within three years after ii issued, unde
sections 800, 307, 308, revised statutes, wa
subsequently paid from the moneys in th
? outstanding liability account" 1t is charge
this payment was illegal and the dra1
died" in Potter's hands, and the holde
at the timc of payment was his agent, and tt
h treasurer should have iquidated Potter's d
linquent account by giving him credit for tt
y return of the draft and not paid it. I cam,
agree to this view OF the case. These sections
: like Others in respect of the duties of govern
ment officials, form no part of the contra
: with sureties upon official bond. The
0 establish the mode of payment of class
outstanding drafts upon the treasury unpr
sented within the time specified, and designat
: for the convenience Of the government, tt
. requisite proceedings to obtain the money ar
+ the fund out of which payment is to be mad
~ These laws are not passed to protect suretie
but to better protect the government. Lach
is not imputable to the government. Il Pete,
31S; Is d., 20S; II Wheaton, 100; II do,
sos; do, 720; Howard, LOG; 8 Wallace, q
3 IA do, 502; Is do, 663.)
Let judgment be ente cred in favor of plant
for the sum of 1880, with per cent. intere
from August Is, 1874, with costs.
"a r. r. NELSON J.