The Osceola times., 1885-01-10
ARKANSAS STATE NEWS.
<,s c.s.. M E,.state Treasurer Churchill
,,.,I,,,x ar suretle.--The ChaneellorS
Opinion.

Liability OF sureties-The Chanee'or'
Opinion. ,,
LITTLE Rock, ARK. December d.
The case of the State of Arkansas vs.
General Thos. J. Churchill, ex-State treas,
urer. was decided to-day by Judge DaViu
W. Carroll, who filed his opinion IN open
court. Churchill was about S23O,O0) short
I'm his accounts. lie held the office OF state
Treasurer three terms, or six years. anu
the suit decided to-day has been In progress
two years. Two Of the bonds were ruieo
null and void because of the erastre OF the
names of certain of the bondsmen WITHOUT
the consent of all. Churchill and bis sure
ties are held for $4,000. The Chancellor's
opinion, Us briefly stated as possible, Is as
fullowsi
THE orfSfoS.
The matter as presented to the Court on tne
fnal argument and submission OF TINS casc -
several special pleas interposed ny uelenu'
ants Churchill and the sureties on MS sever
al Official bonds. First, the statute of INN
tations of five years ana the statute VI mn IL.
tation- of three years; second, Una. 'no
plaintiff hn- been guilty OF laches III no, iohs
since a-certnining the many errors anu uc
fects complained OF through the committees
OF the General Assembly, whose duty was
to examine the books and vouchers OF 'ne
the sessions OF 1871 1879 and ISL this plea ne
ing interpo-ed by the sureties as bar 70 any
recovery as against them. Exceptions 10 me
masters report have also been filcd ny tue
plaintiffs a- well ~ by the defendants coun-
sci, and have all been argued ana suDiiihttu.
The Court will not undertake To enter
into the detail on the many points inaue III
the final argument This would be unneces,
sary, inasnuch as this is not court OF hnai
resort. The pleas OF rhe statutes OF nmita'
tlons Of five and three years can not be en-,
4. .rs. al h..r 49, aat a
OF iachcs on the part of the state !; not sui
hcient as II defense underline circumstances
The state In it's suit II seeking proper ac'
com: from Its Treasurer. an oficer having
the custody and management, under
the law prescribing his duties, OF all the
financial transactions OF the state commit
ted 60 his charge. 1t appears that his ac'
counts were not kept In n Ysteinatc way,
and such confusion existed In the entries
made In his. book accounts that long and
tedious investigation was required 10
ascertain the true state of his accounts.
After this investigation had been made
by committee for that purpose,
II was found that errors existed in ms ac-
counts, resulting In deficits, and which
showed that defalcations were apparent to u
large amount, applicable to his three several
ofilcial terms. When this was ascertained
this suit was brought against the late Treas,
urer and the sureties on his three several
bonds, given for his three several terms OF
office, that true and exact account might bo
taken, and to enable the late Treasurer TO
errors that might be charged against him.
The petition is filed by one of the defendants
asking that the matter of the surplus state
scrip turned over by the late Treasurer to
his successor, Mr.. Woodruff, be referred back
to the master to ascertain at what time said
scrip was received by the late Treasurer,
claiming that 1t was all received after the
expiration of his first term and during
his second term, and that the whole
amount should be credited to his second
term. The Court must refuse this applica-
tion as all the defendants had ample oppor-
tunity during the three months and half
that the master was engaged In taking ac-
counts and receiving testimony to have
proven any fact touching the questions in
volved that was capable of proof. This de-
fendant, In addition to his prayer above
also asked leave OF the Court to take test-
mony by any given time rs to when the sur
plus scrip was received by the late Treasur-
er, and the Court having granted him that
privilege he has failed to offer any evidence
touching that matter The defendants have
filed an application for trial by jury as to
some of the issues raised in their exceptions
to the masters report. ON the hearing OF
exceptions to the masters report the Court
Is competent to hear all questions arising
Hereunder. The Chancery Court has juris-
dction to assess damages. In proceedings
by bill In chanccry for an account,
the measure OF damages Is the balance
found to be due by the defendant There are
many exceptions to the masters report filed
by the defendants, and also exceptions hied
by counsel for the plaintiff. have carefully
examiner tue questions NTlSlnk un0fi lll'~t
exceptions and, without going into detail.
am OF the opinion that none of them can be
allowed. the position taken by defendants
counsel il not supported by the evidence ne
companying the report OF the master. There
l. not sufficient proof In the case to over
turn the conclusions arrived Mt by the
master in his report. In the Investigation
before him, the late Treasurer and his sure
ties had every reasonable opportunity To ex-
plain and account for the shortages which
the Office books OF the Treasury showed to
exist The burden of proof in accounting for
the whole amount Of the "fundcd scrip re
ccived by the Treasurer In exchange for
thirty year six per cent. bonds IL upon him.
The report OF the master L. in all things con
iirmed and approved. A decree will be en-
tered against r. J. Churchill and suretics,
who have been served with notice, and who
have not interposed the plea OF non est 6dcfnn',
for the amount found against said Churchill
as applied to each Of his three terms of office
n state Treasurer by the report of the Mas
ter.
The Court having found the Issue under the
plea of non est fdcf1m In favor of the several
sureties on the bonds given for the first and
third terms of the late 4 casuTpr Churchill,
who have filed such plea, these sureties will
be discharged with costs.
All the costs In the case will be adiudged
surcties, said costs to be adjudgod ratably
against the said defendants in proportion
to the amount in the three several terms
OF Office of sal Treasurer Churchill re.
spectively.