The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-18

the nsust Important work transacted
was the revision and pruning OK the
salaries g an the employees In the vari-
Gus county ofllces % che extent OF max
trg sowing 70 che taxpayers OF $5s2is
Q year, O. $sss mouth An oran&on OF
Prosecuting Attorney HASTE On the
subject Il the tre0surerss bond was also
presented and an effort was made to
have John w. Naples bond reduced 60
$500, oao. but Il failed. Hcaton alone vtIt-
ing aye.
TIE opinion OF Mr.. haste On the sab
5eci OF the treasurer's bad - as fob
lows:
You have referred the question OF ihss
liability Of the suretses on the official
bond Of the present incumbent. A. P. Nit
ten. treasurer. duriysg the time he may
hold once after the llth inst, and until
his successor liies bis bond. as required
procedure ip regard to filling the Office
for the ensuing term My opinion is thar
the present incumbent. although APP
pointed and not elected viii hold his Of
nee until his successor Is elected and
qualified As 10 the form OF the tncum-
oens's bond. and the liability OF the sure
ties thereon. hereby cali the attention
Of the board TO the fact that there are q
number Of Irregularities shown. therein
Among others are these: First. rhe bond
provides that the sureties bind themselves
In sums OF money set opposite their
names. The names are then given, but
the word dollars or dollar signs are not
used There ~ only the name with dg-
ures placed opposite. The bond bears
date OF March Is. 1884. and the names OF
the snrettes with figures set opposite are
In the exact form following, TO wit:
Jacob Fuxth in the sum Of 50.oo0.00. L.
s. J. Hunt In the sum OF 5o.oD0ao. A. B.
Stewart In thu sum OF 5aoo0pc. NJ. F.
Backns In the sum OF $ae.0oo. E. o. Graves
sum OF i5.o0o. A II. Brookes in the sum OF
so.aa. e w. Andrews In the sum Of $4,000.
H. c. Henry in the sum Of eo.oo0.
From which it viii be observed that
only two have the dollar sign before the
figures. which together represent $4,000.
Second-The affidavit attached TO the
bond states that none of the surettes are
attorneys. sheriffs. etc, with the excep-
ton therein that one of the sureties who
obligated themselves for the aforesaid x40,-
900 was an attorney at law.
Thiri-The wives of the sureties have
no. Joined with their husbands In exc
cutting the bond
.'Fonrth-The sureties have failed to
justify in double the amount for which
they have become liable. A glance at the
statute or an inspection Of the bond would
have shown You some Of these errors.
q m, inf ,<>1 hxrs rs tir,r~ 81
torney that this bond has never been
submitted to him for his inspection and
approval Upon a matter of so much i'm
portance the legal advice OF the regular
sworn officer should be obtained before
action is taken by the board This bond.
however. TO the extent of 100 OF $4,000,
Is as valid and binding on the sursties as
II was previous 10 the I4th inst, and
viii be for reasonable time thereafter,
II the present incumbent continues to hold
Office
las to the treasurer having failed
to file a bond ! ind that there is no law
requiring him to file bond until he en-
ters upon the duties of the office. Under
our statute IL Is the esection which gives
the right 10 the Office. and the Quaiifica-
ton is only an incidental requirement
for the protection OF the public. This
Is the construction placed upon the law
BY our supreme court. A failure to give
bond AMI otherwise qualify does not of
itself work forfeiture.
IN order to have the whole matter
definitely settled. I wou3 advise. frst.
that you pass an order requiring that
John w. Maple. treasurer-elect. be noti-
fed that he has been elected by the yot-
ers OF this county to the Office OF county
treasurer for the next ensuing term. and
that he has failed to qualify. and file his
bond as required by law: and. further,
that he be summoned 10 appear before
this beard in not less than five days and
show cause why ne has not fled said
bond. as required by law: and. that in
case OF his failure to do so at tho time
specified IN said summons. his right TO
saia Office viii be declared forfeited.
1T is obvious from the condition in
which we have found the present incum-
bens,s bond that a new one will be re-
CURED IL he continues TO hold Office. You
are therefore efvised 10 enter an order
to the effect that Treasurer A. p. Mitten's
suresies are insufficient. and that ne be
a stated time OF not less than FIVE days
after thu service OF such summons ard
Show cause why he should not execute an
Additional official bond with good and SUI
ncient sureties. II at such bearing an
order Is made that he execute and file an
additional bond within such time as the
board may direct. and ne fail to comply
Herewith. then his Office shall be declared
vacant.
s.Tha law provides that the county
treasurer shall give a bond Ia the penal
sum OF not less sEnan double the amount
OF funds nahse 30 come into his hands
during his term OF Office. A fair Inter
preeation OF this Is thzt the bona should
be double the amount Of funds that will
come into his hands at any enc time.
This amount should be based on fair
estimate for taae protection Of tAe county
only ard not be made auraensome or TIM
possible 10 be obtained. II IL Is 500 high
| II works a double hardship. First In
requiring too large bond for the coun-
sy-s funds. ana second By reason OF the
LAW the courxy treasurer must give
bond to The city in an amount equal TO
that required by the county. For H.
stance, ~saen the horsf was Increased un-
der prevscas LEGAL advice 90 ssao.es9 for
the county, Q bond In q similar amount
was required fer the city. 20 vie. ssao.eaa
I The sosansy treasurer merely acts as a
collector for the city treasurer. and Is
compelled. according 20 Law. 10 report On
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