The San Francisco call., 1897-08-24
ONE BOND MUST
BEAR II ALL
Postmasters Responsible for
the .Peculations OF
Clerks.
Only Exceptions to the Rule
Are Acts of God or OF
Public Enemies.
William J. Bryan's Sureties Must
William ]. Bryan's sureties Must
Make Good Ten Thousand Dol
lars That Were Stolen.

United States Circuit Judge Morrow
rendered an interesting opinion yesterday
morning TO the effect that a Postmaster Is
liable upon his official bonds for the
money embezzled by one of his clerks,
even though the clerk may have been ap-
pointed under the civil service acr.
The suit was brought against William
J. Bryan as principal and Jesse d. Carr,
William Matthews, William w. Stow and
Henry Miller as sureties on his official
bonds of $500, 900. executed by them on
July A. 1886. Bryan was Postmaster of
San Francisco from June, 1885, to June 3d.
1890
The particular breach of the conditions
of Inc bond alleged is that Bryan neglect
ed to render his account to the Postoffice
Department as required by law, amount
ing to $9399 IS, no part of which had been
paid.
Bryan's answer set up as a defense was
was that the S9399 IS was embezzled by
James 8. Kennedy, clerk in the Post
office OF San Francisco, who held his
Office under the civil service rules. Ken
nedy was subsequently convicted OF the
crime.
Counsel for the United States demurred
10 that part of the answer which set up
that Bryan was not responsible because
the clerk was not his appointee, but had
been appointed and held his office under
the civil service laws of the United States.
In the decision sustaining the demurrer
Judge Morrow says:
The liability of a public oficor upon his
official bond is governed to large extent by
the terms of the bond itself and the duties i'm
posed upon him by law. The terms OF the
bonds sued on in this case are absolute, No
exceptions are provided for. The CONDITION
OF the obligation was that he should ia1th1ully
discharge all the duties and trusts imposed
on him either by law or the rules and reguls.
tions of the Postofice Department, etc. ThS
laws, rules and regulations required him TO
account for all the moneys received by him as
Postmaster.
1t is admitted by the answer that he did not
account for the sum sued for. VIZ, $9399 80.
Nowhere, either in the law or IN the rules and
regulations of the Postoffice Department is
there any provision re easing a Postmaster
from his reliability TO the Government where
none y-order funds of which he had the pos
session have been embezZ ed by a clerk who
held his office as such under the civil service
laws OF the United States. The court certainly
cannot imp such an exception into the con-
diuons of the bond.
Here Judge Morrow quotes from Justice
Mclean of the Supreme Court OF the
United States as follows:
The OBJ igation TO keep safely the money is
abs lutte. without any condition expressed or
implied, and nothing but the payment of it
lie policy r, requires that every depositor OF the
pubic money should be held 10 strict ac-
counta bility. Not only that he should exer-
else the highest degree OF vigilance, but that
he should keep safely the moneys which come
70 his hands. Any relaxation OF this condi-
ton would open the door TO frauds which
might be practiced with impuuity.
A depositary would have nothing more to do
than to lay his plans and arrange his proofs,
SO as to establish his loss without laches on
his part. Let such principle be applied In
our Postmasters, Collectors of the customs,
receivers OF public moneys and others who
receive more or less of the pubic funds, and
what losses might not he anticipated by the
public? No such principle has been recog-
nized or admitted as legal defense.
Judge Morrow goes on to say that the
only exceptions sanctioned by the authori-
ties are the act of God or of a public
enemy, and concludes:
AS the present case does not come within
either of the exceptions thus recognized II is
d fficult 10 see how the defendants, though
harsh it may seem 10 be, can escape the ex-
acting measure of liability which the Govern
ment based upon principles of sound public
policy, requires OF those public officials who
handle the public moneys.
The demurrer to the answer was there.
upon sustained.