Evening capital. (Annapolis, Md.) 1884-1910, 1890-12-30
The Decision in the Archer Bond
Case.

The Decision in the Archer Bond
Case.
The opinion Of Judges Fowler
and Burke in the suit against the
sureties upon the bond Of Stevenson
Archer, the defaulting treasurer of
Maryland, settles, as far as that
court ia concerned, the question Of
the liability Of the sureties upon
the frat bond for all defslcations
committed prior to November, 1883
when Archer qualified for the sec
ond time as his own successor. We
do not transcend the privilege of a
public journal in the discussion Of
cases which are before the courts
when we say that this decision Of
the Circuit Court for Baltimore
County will be hailed with a feeling
of immense satisfaction aud relief
throughout the State. II affirmed
and sustained by the appellate court
it means that the heavy loss inyolv-
cd in Archer's defalcation shall fall
not upon the people and taxpayers
of Maryland, but upou the sureties
upon his official bond, who con-
tracted with the State for the faith
full performance of his official trust
for in default thereof, that they
would make good the loss occasion
ed by bis violation or neglect OF
duty. The default has occurred.
Ii is according "to the letter and
spirit" of the bond that those who
undertook that Archer should full
Gil his duty, or, in default thereof,
that they would make good any loss
occasioned by such default, should
be held to their contract and the
penalty of their bond. That is
plain justice and equity-as plain
men understand it-and it ia graft
flying to fnd that the decision of the
learned court is in accordance with
the plain peoples idea Of what is
just aud should be law.
The question so ably argued on
both sides at Towson and disposed
of for the present by the decision OF
the court, while 1t goes to the very
plth and substance OF the case, viz. :,
the liabity of the sureties, was pre-
sented in a technical form. 1t arose
upon the pleadings. 1t was raised
by demurrer filed in behalf Of the
defendants in the suit-the sureties
on the bond--to the replication filed
ia behalf of the State setting forth
and specifying the several breaches
in Archer's official bond, /. O., the
separate acts Of defalcation commit
ted. The court holds that upon
the pleadings the State is entitled
to recover. Tho demurrer is over
ruled and the defendants, deprived
OF their technical defense, have
leave to plead over and go to trial
upon the merits Of the case, that is,
upon the question whether Archer
really did commit any of the acts Of
defalcation charged on the part of
the State; whether he did really
steal the States money as charged.
Inasmuoh as Archer. in the crimi.
nal prosecution against him, has
already confessed his guilt, and is
now undergoing punishment there
for in the State psnitentiary, it is
easy to see that the decision of the
legal question settles the whole case.
There is no question of fact to be
tried. lis further to be noted that
the decision, which fixes the liabi!
ity upon Archer's sureties, does not
exenerate in the least Archer him
self from the failure to renew has
bond promptly after his reelection
ia 1888, or the Governor from the
failure to notice the omission and
require a bond or make . new ap-
pointment.-Balt0. SaR
ALady,A CHANCES OF Marrying.