The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-02-08
JOHN NAPLES BOND.
Prosecuting Attorney Says Its
Form is Correct.
NOW EXAMINING THE suRsTiEs


Tie bond given by County Treasurer
elect j. w Mapic 10 the county has
been approved by Prosecuting AEtor-
nsy Haste. but one Of his sureties has
verbally withdrawn frean the city bond
and the latter has been returned 70 ham
10 secure new sureties in place OF those
who have Withdrawn and 10 repair the
defects pointed ol1r by Cooperation
Counsel Scott and Cosnptssoller Parry.
TWO Of his county suretieS have re-
tructed their withdrawal
Mr.. Hastie's opinion submitted TO the
county commissioners on the form and
manner Of execution OF the bonds
offered by Mr.. Maple and by DR.. A. p.
Mitten. the present county treasurer. is
as follows.
After examination of the bonds re-
Gently fled by John w. Maple. county
treasurer-eiect. and A p. Mitsen. The
present incumbent, / aTsise you that
the bond OF j. w. Maple is sufficient in
form and has been properly executed.
The objections raised by attorneys for
Mr.. Mitten as TO the date Is of no force.
The bond takes effect from and after its
fling and approval. The other obiec-
tons raised as TO the sureties with
drawing after the bond is filed should
receive no attention at your hands.
You cannot recognize communications,
perhaps fictitious. of attempted with
dsuwais and the next day refractions
from apparently the same parties. The
bond has been filed and no one has
right to interfere with 1t or change 1t
in the slightest particular. II any
surety wishes to Withdraw he will have
to proceed under the statute, and follow
strictly the procedure therein provided.
advise you to act pornptly in this mat
ter. as the county now has no bonds or
security in case of defalcation. In the
examination of the new bond filed by
A. p. Mitten 1 find that there have been
no amounts mentioned for which the
wives OF the siIreties have become re-
spoESible. This l think is serious de-
feet under our community property
law, and l am therefore unable to rec
olirnTend that You accept and approve
this bond. Ii also appears that a
number of the sureties have executed
the bonds of DIR. Mitten for their wives
as attorneys in fact without the powers
of attorney having been submitted TO
me-"
This opinion was turned over to Audi
tor Beman by the county commission
ers. with instructions to examine into
the standing OF each surety on Naples
bond who has signed for $4,000 and
over. The auditor at once put two men
to work making this investigation OF
the county records. and as there are
a hx.,. r,T
work Is expected TO consume about two
DAYS.
Michael Burns, OF Green river, who
on February 4 sent letter to the
board of county commissioners asking
that his name be stricken from the list
OF snretaes en- Naples bond, has again
changed his mind and yesterday sent a
typewriter document evidently pre-
pared by lawyer and witnessed by
John G.. Barnes and p p. Padden, in
which he says that he signed his former
withdrawal under mfsapprehen-
sion OF facts. and on account of raasrep-
presentations made to him at the time.
He now retracts everything and gives
notice that he desires has name to re-
ii1aan ON the bond as surety in the
sum of $4,000. The document is dated
at Green River. February s.
Richard O'Connell and his wife Sarah
O'ConneA also retract their withdrawal
in letter couched in the same terms.
written and witnessed by John G..
Barnes and p p. Padden. They say
that they desire their names to remain
on the bond for s., 600 and reafflrrn their
set Of signing said bond This was also
dated February g.
Corporation Counsel Scott yesterday
addressed the following opinion to
Comptroller Parry in response to the
latter's letter published in yesterdays
Post-Intelligencer:
Il have Your communication OF the
9th inst in relation OF the bond of John
W. Maple, county treaSurer-elect. and
In reply will say that upon an exsman,,-
ton of the bond find that the wives OF
the sireties whose names are men
toned In your communication have net
signed the bond. but In the body OF IL
justify jointly with their husbands IN
the several amounts therein specified.
Ii these Installations were several In
stead of Joint there might be no legal
objection TO the approval, OF the bond.
IL the amount for which all of the sure
ties Justify would reach the sum OF
100000. As the county commissioners
have fixed the bond at the sum of $780,
600. ard as the law provides that the
count. treasurer shall give a bond in
like amount 20 the city the bond sub
miIted must comply with these plain
mandatory provisions az the statute.
''Bot as the bond has not yet been
approved or rejected there IS no legal
reason. why. IL the county treasurer
elect desires 10 complete the bond by
obtaining the signatures Of these ner-
sons. or obtaining other Signatures so
rs 20 make The bond reach she limit. no
max nssf DO SO.
In relation - the request of Freao.in
Wilhelm 10 have his name not ,,onss 4
etN@1 as surety uTNon said bond the
heiHd. II approved. must reach the limit
"a Sieoeee. unless the said Fresfolin
Wilhelm reSalis his request.
Il herewith return eh<. bond ana
state that Mr.. James III. Wilson stat "a
10 NE that Il allowed 10 ID 50 the
epssf1ty tTeasare--elect would with
tg2w the bond temporarily fro.al the
possession ~ the committee ard pro-
cure the signatures of these persons.
50 as 90 fsSke she bond reach the
ai1soans required hy law.
II 70 not shssak that any ssnugsllrrs.nsz
should be thrown n the way ~ 4ha
county treasire--eiect IN r-N,cst.5nr ehA
hoEs4 and thus he prevented frarn ,aS-
Ing possession % the Office q, which IRE
fsapte have esecsess him.
Michael Il. Phesass. one OF the tS.nsts-