Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1883-01-14
gartka Doilp Sentinel.
rur gOND LAW.

-. ]
In discussing Senator Schooling's bill
to do away with s~ureties on official
bonds the SENTINEL overlooked an argu-
meut that is sometimes urged in favor OF
the proposed law. 1t is this, thati in case
OF defalcation the bondsmen are less able
to make the deficiency goodman the State,
that it would be better for the public at
large to divide the loss among themselves
than for a few men TO shoulder 1t all
alone. We confess that this is an IN
e~enious plea, and one that appeals strong
" to the sympathetic emotions, but an
admission Of its full force involves the
conclusion that the people who entrust
their moneys to the care OF an officer are
entitled to no sympathy whatever. A
legitimate extension Of the principle adj
vaneed by the abolitionists would de-
prive the people OF every substantial
guarantee against imposition and fraud,
except that which lies in the criminal
prosecution of the defaulter. In a money
transaction there seems to be no good
reason why the community should not
be treated as an individual, nor why
the affair OF an official bond should not
be governed by the rules that obtain
in the matter of promissory notes,
which by the careful business man are
received in exchange for coin only on
first-rate security. Ii the principal fails
the s~ureties are held for the amount
loaned. The people, in fact, should be
treated with extraordinary consideration
in this matter, because in their aggregate
capacity they are not in position to Judge
closely those who come to them as public
servants out of a political battle. 1t Is
those who are familiar with the success
tul candidate by intimate association that
should be called upon to vouch for him
to the people generally, who know him
only by uncertain reputation. 1t is en-
tirely at the option of these friends to so
security for the officer seeking a bond.
If they do not feel safe in binding them
selves for him they behave in a silly and
suicidal manner in doing so. Ii they
cannot trust him the public should not
be expected to, and when they assure the
public that he is trustworthy, and con-
tract to make good any losses occurring
through his maladministration, they
should be held strictly to the agreement.
When a mar loses money by going on
another's note he pockets his loss and
does not whine for a law to hinder him
from doing the same thing again; nor
should there be any more sympathy for
the unwise or unlucky sureties on official
bonds. What they do deliberately, the
guarantee that they profer to the com
munity unsolicited by them, they should
make good. This is about the long and
the short Of it.
In its opposition to the repeal Of the
Bond law the SENTINEL seemed to be
making a single-handed fight. We are
SLhtLuSu, HO"SNeI, ~ u4sCONSi LhdI We
are not all alone. The last number Of
the Tuscarora Times Review contains a
leading article which comes so near ex-
pressing our ideas on the proposition that
we reproduce a portion OF it as proof that
We are not so solitary as We may seem:
Because many by technicalities evade
and escape the law, is that any rea-
son why the law should be repealed and
the aood-gates Of public corruption be
thrown wide open? It may be, and we
know it is asserted, that a penal check
upon the action of public officers might
be made more severe, and that this
would keep those officials il the line of
honesty. This position able lawyers de-
ounce as untenable and contrary to all
experience. 1t is certainty Of punish
ment that deters men from crime and
not the severity. Many a jury would
bring in a verdict against bondsmen,
when they would hesitate to consign the
prisoner to the felon's cell. The defalca-
ton Of an officer is a loss to the public,
no matter from what cause it may be
created, yet in many instances that de-
falcation may not be criminal. II the
defaleation be not criminal, and the
Senator's bill were to pass, no redress at
all would be left to the people. We say,
let the bonds remain, with the further
requirement that on stated occasions the
Commissioners Of the counties, and the
Treasurer Of the State shall examine into
the continued financial standing OF the
bondsmen, and give those officers author
!ty to call at any time for new securities"