Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-11-16
BONDS AND BONDSMEN.

For some time past heated discussion has
been going on in some Of our State exchanges
as to the suiliciency of the bail offered and
accepted in the case Of Lawrence Braincrd.
Of the facts in the case we have no personal
knowledge, but the controversy puts us in
mind of recommendation in Governor
Barstow's message which if 1t had been &C.
ccptcd by the Legislature would have prevent.
cd all questions in this and similar cases.
The recommendation in question was
that in all cases suretics should be required
to make affidavit rs TO their property quail
fca,ion. In making this suggestion Cover
nor Barsow said: The form of official
bond used by the United States Government
requires the sureli, S TO- make oath showing the
amount of uneucumbercd property owned
by them, over and above oil debts and lin.
bilitios, to tic double the penal sum named in
the bond. 1t seems 10 me that the adoption
OF this feature in our own official bond would
not only throw about the execution OF these
important instruments an increased and
proper solcmnity, resulting in better security
to the State, but would also relieve in some
measure those whose duty it is to approve
such bonds from the necessity OF making
inquiries as tothc sufflcicncy of the surc,ies. )
A bill embodying the substance of this
recommendation was introduced in the
Legislature, but it failed to pass. 1t
ought to have passed, nevertheless, and we
trust that some such law will be enacted by
the next Legislature. The office of States
Attorney appears to have passed for
good and all into the hands of the
youngers members of the bar. The state
of affairs is all wrong, of course
and the people are justified in finding good
deal OF fault about 1t but for all that, there
is not the slightest indication that the pres
ent generation at least will see any reform.
The States attorney being young lawyer.
anxious to gain friends and build, up prac-
lice, naturally hesitatcs about using all the
power of inquiry the law gives him when a
prominent, well-connected and influential
man offers himself as bondsman. To uuos.
tion such mans responsibility means for
me young States attorney loss of friends,
loss OF practice, loss OF social position, to
greater or less extent. 1t is really OK.
pcc'iug of him virtue loo Spartan. or
course as matter of strict duty the States
Attorney ough. to be very strict as 10 the
financial ability of the bondsmen lie accepts
out as matter of every day life his duty in
this regard often becomes very delicate
matter; and it is much easier for a ncwspapcr
writer to howl at Inn than, were the cases
reversed TO risk so much in carrying the
law TO the furthcst point. But had Gov.
ernor Barstow's recommendation been adopt-
cd the matter would have been removed from
Inc control OF the States Attorney rcspon.
sible bondsmen would be secured in all cases.
and there would be no trouble or friction.
We do not in what we have said refer to the
81 Adams case, for VIC have no direct in
formation about it, nor do VIC undertake TO
defend official incompctcncy or carelessncss
out we must not shut our eyes to the fact that
states Attorneys arc human, like the rest of
us, and have their share of the frail,ies com.
mon 10 mankind.