The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-12-02
----------- ------------..---.-- .--->--- ---:-I---
IN EX- TREI UHEE UED.
Recovery on nm omolal BOND for Excess Of
Commissions.

IN EX- X-TRELSU UIeEE SUED.
Recovery on nm omolal Bond for Excess of
Commissions.
i,n,% -. =. ',tFrom tho Register) 1"ir2t a
a few days. ago in. the Court Of
Common Pleas was tried the case Of
tho State Of South Carolina Us. G.. II.
Baldwin, late county treasurer, W. U.
Dutne and j. II. Kinard. This was
an action upon the official bond of the
county treasurcr'of 91tichland county.
The complaint alleged that the defend
ant, e. H., baldwin, was appointed
county treasurer on February l, 1871,
and qualified as such, and tl,,,t his CO.
defendants were the surctics upon his
bond; that rs such county treasurer
he was entitled to receive coiinpensa-
ton not ycxccciing $4,000 year, 5ut
that ill tho year 1873 he retained from
the State and county taxes collected by
him the sum Of $3, ll0.74 in excess Of
the compensation allo wed by laWsIand
converted the same to- his own nusc.
Tho defendant Baldwin admitted in
his answqrathat lle ''ilad rrctaincd the
sum charged i'll the complaint, but de-
MED that tho State was entitled to
such sum or. had right of action on The
bond. The defense was that BatiWin's
term expired at thc end Of Two years
from February |, 1871, and ~ tle Ill
legged dciulcarlon had occurred III 1873
his siucties were lot bound. lit was
ftsr tlicr urged Oh behalf Of lhc drfc!,G-
ants by tue tcstilL > Jf Mr.. Baldwin
that at the pcginGin nS of the year 1873
he, Bnlawin, was told by Gov. Moses
Hat he mad rc-itppointcd him. ; But the
deicili!ant prouuccd 10 c9mMissioI
showing his IeuppoiutncnL by Moses,
and t"erG was no record in the EXccu-
i've Department. Of such rcappuA!i-
p"nt, Anc Baldwin, tesi;iGu that
Comptru!!ei-Gc.cral !io4e tn,i called
On IN aud tolls, him lhaC nc Ougnt to
,rtain &c noAey liz question in excess
! OF S'2,3OO cVmpens.tlloi,, for lie was cn-
titled to charge 4 per cent. commis-
slons OH all moneys collected. Judge
Mackey charged the jury that at tile
date OF the defendant BaldWiRs APP
poilltment his tenure Of Office was not
two years, but was without limit as to
time according to the pleasure of the
governor, and that there could be no
reappoimtment unless there was first
a removal. That public officer has
his right to compensation measured by
the statute Of force fixing his colnpcn-
sation during his incumbency. Of the
office, and that it he rGtains" any funds
III excess OF the compensation allowed
by law, such retention Of funds Is ali
unlawful conversion of the public
money to his own use, and that no
order Of his superior officer can vary
the county treasurer's contract with
tho State by Increasing his compensa-
ton, aud that such order cannot be set
up to discharge the county treasureE
from liability; and fnrthor that whilo
it Is true that the sureties arc only
bound for the term of Office for which
they became surctics Of the officer, and
their liability cannot be transmitted to
another and district term, yet if the
term Is not fixed by law as to time, it
is held to continue while the officer is
in the actual discharge of the duties of
the office; and If the defendant Bald
win sets up o reappointmens and that
the defalcation occurred during ,tlid
second term, for which tile sureties
are not bound, the burden Of proof is
upon the defendant to establish the ex-
istence of such second term by prov
ing his removal from Office and his re-
appointment.
The Court stated for the defendant
to urge that as the State ofSouth Caro-
lima was q defaulter to her creditors,
1t would be the duty Of the jury to rez
fuse to givega verdict against her de-
faulting county treasurer, was a propo-
sition which the Court could not per-
NIT to pass unchallengcd into the orbit
Of tho case; that it was not sanctioned
by any judicial code, and was repug.
nant to every 'recognizea system Of
public morals; that it was quite nossi..
ble that the State Of South Carolina ia
now unjustly subjected to odium as q
proclaimed repudiator of her obliga-
lions bY'th fact that pnfaithtul public
officers have misappfopriated th9 reY.
enues Of the State fo their own Ryiyae
use, and have disabled the State from
discharging her obligations dollar f0r
dollar. But for the officer who may
/, be Justly chargeable with having pro-
duced this hnancial disability On the the
part Of the State to refer to that az "a
/, reason for his discharge from liability
/, wonld be to set up his own wrong iii
bis defense, and would be iInitating
!, the case Of the unfortunate man who,
on being convicted for the murder OF
! his father and mother, arose In court
! and plea plead erphaAnhsge IN mitigation Of
The jury efter being ont q few ND.
tiff as against O. III. Baldwin, the Yer-
& dict being silent as TO the sufeties. Z.
On motion Of Mr.. Solicitor Abney,