El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-04-09
Fassett's Liability.for TIL at Money.

Our court of civil appeals has used
the following language: "Of1clai
bonds are construed in this state ss re-
quiring the custodians OF public
moneys to safely Ike, p and administer
them: this duty is ABSOLUTE aud the
FUNDS are WHOLLY ct The RISK OF OF
FICERS to whose keeping they are com
mitted. Boegs VS.. State, As Tex. 10:
Wilson vs.. Wichita Co., 81 Tex; Nc.
Kinney Va. Robinson, "a Tex. 4S9;
Suth. Dam 479-4S2."
10 Boegs VS.. state the court says:
"He is bound to account and pay over
the amour he collects less his COM
missions, or his sure;ies must do it for
him."
In NICK nney vs. Robinson, the court
held tha', "The fai ure of the bank
and the couseq rent loss of the funos
was NO protection to the treasurer al
though the county commissioner IS
court had ordered him to put the money
in the bank"
In Boyden vs.. United States, 18th
Wallace, page II, the supre me court
of the United States says: 'Wbere a
receiver of pubic money has given
his duties, as required by law, proof
that be has been robbed of the money
is no defense, nor is any cause which
renders the payment OF that money i'm
possible defense, or OF any import
ance because he has assumed the rick
Of it," Act of Gods or public enemy,
of course is excepted.
Mr.. Fassets is not only legally bound,
but morally and equitably, and there
is no hardship in requiring him and
his securities to pay it.
By the terms of the city charter be
received said money under an Oblig-
alton to securely keep the same and
pay the same out in warrants drawn
thereon by tn. city. This he did not
do. What he did was to loan the
money to the Ell Paso National bank
flor such is the effect in law of gen.
ersl deposit, such as he msde.) The
reader W II un er stand that there are
two classe of bank deposit-a spe cial
deposit and a general deposit. In q
special deposit the VERY THING de-
posted must be kept and returned to
the depositor, whe Their it be money,
| jewels or other things. t. is precisely
the Same as the obligation of ware
houseman or the keeper Of q livery
stable, to return the thing left with
him. If Mr.. Fassett had made such q
deposit, then when the bank failed, nc
| creditor of that bank would have had
any interest in the money deposited
| but it seems for his own convenience.
pleasure or profit he made q GENERAL
deposit /, and thereby the money de-
| posited become the property of tn
of the bank, and it simply agreed,
in copsi deratiOn of the use of hat money,
| to pay the same back to Mr.. Fassett or
his checks from time to time. Blu,
| himself and the bank the relation Il
ere ditor and debtor, and of course
when the bank failed he, being
,reditor, could only get his pro rata
of the deposit. By his own unauthoriz-
ed act he subjected the money to the
hazards Of BANKING, but clearly he had
40 authority in law to make any other
Use or disposition of the moneys en-
trusted to him than to keep the came,
and paythem cut on the warrants of the
city. He had no more right to loan
borrow il himself. The city got nc
benefit from the use of the money. bn,
on The contrary it paid him to keep L..
Whatever profit was made by The
transaction between Mr.. Fassett ar d
lie bank, Injured to his own benefit
for hi own benefit and now that he
,as chost and IN violation of the
erms of hi, bond and the obligations
impos ed on him by his trust, to de-
there is no pretense of justice that the
the city should bear the loss. The law
| for four good reasons, makes the keeper
IF public money absolutely liable
| th. refore:
1st.-If he could pay in excuses the
| could rarely be wanting when the mo-
| oey is lost, and could often be success
ully vindicated in the courts Of thu
country.
ad.-The public gets no benefit from
he use of it's money, but on the con-
rary it pays something for it's safe
3rd las it does not authorize the
| suhjecting of public funds to the hsz-
zard of trade or banking operations,
| the occasions for it's loss are exceediog-
y few, and this risk is amply cOmpen-
-ated for by the pay received by the
treasurer.
4th.-The rule is one of necessity,
) nee the city has no other means OF
Import tt an the taxes derived from
he citizens, and when these have been
paid the citizens have done their whole
1uty, and if these NOR eys are not forth
coming on demard. the city is unable
carry on its ops rations.
IN conclusion, we desire to enter our
pro est against the principle of con tia
ulug any man in custody of pub; ic
nnd~ beyond The second term. 1t has
rarely happened that these funds have
~ -
oas has long been in Office AID secured
the entire confidence of the publ,
We do no in end this as any refe ction
npon Mr.. .Fas-ett Co idence in pub
bile offic' al don't pro ecs the public
on the contrary, it is precisely 'ha,
Which makes such defslcations easy
1t is simple a question of principle,
that ought TO be obs" rived. M matter
how honest and pure a particular Off
'ial in flee may be. This principle
togt til r " it'll coed bond, is The only
ad' quate protection the public have.
1t was uuwise to elect Mr.. F4ssett the
third time, a great bIuuder to do 20 the
fourth time, ard it would be GRIM
on the art of the voter to do so a fifth
ime. This applies to any and everv
other treasur err. Side by side with this
long continuance of Office, has been an
equal long RETAINING from any effort
20 recover these funds until. If the
right to do go is not already barred by
limitations, it will be within the next
few days.
Voter where do you stand? Do you
think it 10 time for change