Birmingham state herald., 1897-06-06

Montgomery, June 5.-(Special.) )-Polit- sioaI gossip and discussion for the week iii Mont gomery have centered around the Randolph compromise. It is proba- |. be that the 5000 received into the treas ury from two of Bandolph's bondsmen would have been universally accepted as a gratifying item of news and passed son its way, but on Sunday last Ex-Gov. Jones shi,ed his castor in the ring. Since then there has been more or less cores apondence, much expenditure of printers ink and some feeling aroused. The ex- governor construed the award or the board of compromise as alS attack on the manner in which he discharged his duty sand in retort attacked Gov. Johnston as having been guilty of a piece of small politics
 q, This has brought up the whole story ,slssd makes it f1.sh and interesting and all the details are being discus sed. el Rarldolph's bondsmen were MT. Olvef sC.Rushbon, c. G. Aberorombie aI'a u. w. eCraik The States judgment against them is for $21 ,290.0S. The compromise Of $S, GOO is with Ray Rushton as admin istrato of Oliver c. RuShton, and C; tt; Abercliombie. Mr. Craik has never asked a compromise and it is understood hs's mo property on which the State can levy. !
 The record of the compromise Is an in- ter.esting story of itself. The judgment was recovered in November, lSso. Tn August 1896, Rushton and Apercromple apIJAed for a compromise, the board ot c0fnpromisa at that time being composed of Gov. Oates, Auditor Purifoy and Att torfey General Fitts. The ground on which a compromise was asked was that the bondsmen had not property to satls- fy the Judgment; that if their property were subjected to execution the State would rot reafi7s over 25 per cent. Of its claim, this being sworn to by both Rusn, ton and Abercrombe, and they offered to pay the 25 per cent. in settlement. This would havesamounted to about $53O0
 This application for compromise was not acted on by the baard, and on Oct. 30, Rushton and Ahsrcrombie filed an amended petition setting forth further liability on the Rushton estate not men toned previously, and also asking that efforts be made to secure the property reported to be in Randolph's possession in Colombia.
 The matter not having besn disposed of when the Johnston administration came in, further amendment to the original petition was filed with the new board composed of Governor Johnston, Auditor White and Attorney General Pitts. The original petition and the first amendment were signed by Abercrarnbie and Rushton. This last is signed by Rushton as before and by Templeton & Troy as attornieys foa' Abercrombie and is as follows
 ,"Your petitioners further allege that sn or about ehe 9th day of November, 1894, the state auditor reported to the governor of Ala bama that the said Francis c. Ram dolph had failed to make a seta lemenlt with the state for revenues collected by him and was at chat time due the Sta.e of Alabama the ssilm of SC, 400; that the law provided that on this report being made to the governor that he should ci.e the said Randolph to appear before him and show cause why he had not turned over to alle state of Ala bama the revenues collected by him. Petitioners allege that no sufficient cause was ever shown to the governor why said shortage was not paid, and that cIhe governor of the state of Ala bama. instead of ordering the inn peachmen'5 of the said Randolph. as pro- vided by law, granted the said Randolph until the 18th day of January, 1885, to set tle up his said shortage of $6. 400; that the said Oliver c. Rushton and the said c. G. Abercrombie were ignorant of the ia ct that the said Randolph was due to the state of Alabama any sum. ard had ITO notice, ei her direc, or constructive os the fact, that the said Randolph was de- faulter or was guilty of any official mis- conduct. Petitioners allege that on &C., count fine failure of the governor to order the impeachment of the said Ran dolph or in some way give notice to the bondsmen of the said Randolph that he was a defaulter, their liability as his sureies was increased from the sum of s6,400 to the amount of the present judg- ment by his subsequent embezzlement of the funds of the state. and, in addition thereto, to the extent of said Taylor iudg- mont, said last judgmeng having been rendered for money that was paid to said Randolph as probate judge within few days before he absconded,
 "Petitioners therefore pray that this honorable board release them from the payment of any sum to the state of Ala bana over and above said ss.4oo and in- tteres."
 It will be observed that the original petition asks for a compromise on the ground that forced sale of the property would no. realize more 'than 25 per cent. of the judgment a plea not considered by the old board as sufficient. as no ac- ton was taken, The amendment sets up new amid additional ground, that of equbty. Simply stated, 1t was that the negligence of the states officials was re- sponsfble for all loss above s6. 400 that while this plea could not be made against the sovereign state. 1t did cons flute complete equity, and that as a ma tter of right the sureties should not be made to pay for loss resulting from the states negligence. This plea was made orally by both 'sure.ies. MT. Abercrombie stated for himself that he had no notice of the shortage in November or in time to save hlmsHf by coming off the bond amd was neyerfpnsu1ted with by Gov. Jones or re- quesfad him to give Randolph efme to make good the default. And Mir Roy R,i5hton stated for himself that he had no notice and ehat from conversations had with his father he was convinced { itl1at his father had no notice of Randolph ' being behind urtil January: 1895, and as fseon as notified he took steps to get off "a tsiss bond.
 The argument as to the equity of the ssureties against amy of the shortage that occurred after November G. 1894. when f3ov Jones was officially rtOtffied of Ran