Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-04-24
THE TWO BONDSGOOD
BOTH SETS or eRyMEss suRerIes
LIABLE FOR ANY DEFICIT.
Mr.. Phiiips's Term Of once In Dispute.
A Mistake Of the Council Leads to
Curious Complications.

II is probable, in fact almost certain, that
Charles ]. Phillips, who was recently elected
by the Council 10 succeed +. b. Grymes,
removed, as clerk 10 the City Treasurer, VIII
have TO be reelected from July IL, next, instead
OF twelve months later, as wassupposed when he
was chosen.
Tho City Ordinances, page 4s, section 2, re-
la,lng to the terms Of city officers, makes them
all two that Of clerk 10 the Treasurer
which it expressly s;atos shall be three years.
When r. B. Grymes was irst elected in July,
1883, by some mistake ct the CU.Dcii, twas for
period OF two years; when reelected In July
1890, the error was repeated
An opinion ON tho above point ls 10 course OF
preparation by the City Attorney and VIII pro
badly he submitted to-day. There Is bat little
doubt that 1t will be IN keeping with the above.
BOTH BONDS ARE GOOD.
There Is a second point bearing on the same
matter on which the City Attorney has Just come
20 a satisfactory conclusion. IL Il as 10 tho la
biliiy Of the sureties ON the OFFICIAL bonds OF the
late CLERK.
When Grymes was elected clerk In 1883,
Major Fred. X. Scott won't On his bond for $4,000.
In 1890, when he was reelected, Judge :. ~.
Witt and Colonel Tazewell Ellett became his
sureties.
In the last few days the liea has been advanced
that "a tho re-ele-tlOn OF Grymcs in July. lSOO,
was without Warrant OF law, the bond given nj
on which Major scottwa surety would stlll be in
force.
Upon examination, however, IL was found that
;he bond was by mistake made out FOR only two
years, the same period as that OF Messrs. Elicit
and Witt.
MR. MERRDIrH'S VIEWS.
The City Attorney told DISPATCH reporter
last night that Gs IaiOr scott had gone surety
for only two years he conid not be hold for
longer timc.
Both bonds were, he said, intended as "statu-
tory ponds that Is, they should have been
drawn In exact conformity with the language Of
the statutes. Tnat they had not was mistake
and did not yitiate, but simply made them what
Is known Bs "commOn-law bOnds.'
The courts, Mr.. Meredith said, have as rule
always been exceedingly liberal In deciding de
rutes based on theee, ana IN nearly every IN
stance judgment has been given against the
sureties.
Mr. Meredith said there was no doubt bat what
the suretlos On each bond would have 10 make
good 10, ~, cs occurring during tue time cover
e.. by tho II ttcL.B bond. ms could be easily
dateruiued by - Elimination Of the books.
Way No More IudIctments We're Brought.
Commonwealth Attorney Smith, In con-
vsrsatCn with 4 OIsPAr7H man yesterday, said
thero were several reasons way no more than
eigb' Indictments werc prepared for the grand
| Jury IA the Crymes caao he had Picked out
what no considered she fUur stsouSees cases, zach
| OF which bad besn dsYi'led into two parts. III a
| conviction Of Gye yoars-ss Is pos-ible--were
| had IN each case, II would make forty yenrs-ae
much punishbent "a could possibly bs desired
Another hing about II was that he received
$40 for each lndiCtment anh did not wtsh To pu'
| the Commonwealth to an Unnecessary expense