The daily journal. (Salem, Or.) 1899-1903, 1901-10-19
BOND
NOT A
BOND
Review of the PleadingS in
the School Land Case.
State May Recover Nothing
on Davis DefalcatiOn.
The Dalles Tim es-Mounta taineer:

The Dalles Tim es- s-Mountaineer:
While it is patent to all conversaut
with the case that Geo. w. Davis, ex'
/ clerk Of the school land board, is de-
iaulter to the amount Of $50, ,9Sl.98, it is
very probable that the state will not be
able to recover this sum or any part OF
the $4,000 bond he gave. Mr.. Davis has
fled an answer TO the complaint filed by
Attorney-G General Blackburn to recover
$4,000 on his official bond, and his attor-
neys, f. p. Mccormick and Geo. G.
Bingham, who are also his bondsmen,
set up matter that seems unanawerable.
In his answer, Davis, who is out OF the
state, presumably to avoid criminal
prosecution, denies the allegations OF the
amounts of his collections and disburse--
ments Except as hereinafter ALLEGED" "
and then denies "that the terms or con-
dtions of the undertaking set forth in
the plaintiffs complaints herein have
been broken or violated in that this de-
fendant wholly or at all failed to pay
over to the state treasurer Immediately,
or at any time, or at all, the sum OF
$50 ,032 .0S, or any part thereof, OF the
moneys so alleged to have been collected
by him as the clerk Of said board, or
that the whole or any part OF such
amount is now due or owing to the
plaintiff from this defendant, or remains
unpaid, or that by reason thereof, or any
other reason, plaintiff has been or is
damaged in the sum OF $4,000, or any
other sum or amount Of money whatever
or that said sum Of 5000 or any other
sun or amount of money whatever is
now due or owing from this defendant
to the plaintiff, or has been due or owing
OF unpaid since the 3lst day of July 1880
or any other date or tims whatever" B."
In paragraph which admits the ex
eoution Of the undertaking set forth il
the complaint, Mr.. Davis denies that the
undertaking was bond thus disclosing
that an effort will be made 10 distinguish
between bond, called in law q sealet
instrument, and an undertaking such a
lie required OF public officer. The i'm
portance of this lies in the question
whether the undertaking outlaws in eli
yeais or in 10 years, for II in six year
The state is barred from recovery b. thu
statute OF limitation
Mr.. Davis then sets up lis defense IN
further aud separate answers. lie al
leges that during his incumbency prio
to January /, 1895, he collected larg'
sums Of money and paid oyer large sum
of money 70 the state treasureri tha
prior to January IA, 1896, he made
statement Of all moneys by him collected
aud Of all moneys by him paid over /
the state treasurer, between July IA
1891, and December 81, 1894, whicl
statement was subrlitted 10 the legisla
tive assembly OF 1896. lie set forth al
the facts regarding the appointment o
a Joint investigating COMMITTEES, the ia
yorable report OF the committee and TIN
adoption Of the report. lie then allege
"that the said action Of the said legisla
tive assembly Of the state OF Oregon
amounts to and is discharge of the de
fsndant from all liability whatever Il
the state OF Oregon on account of money
by him collected as clerk Of the board o
commissioners for the sale Of school an'
university lands, included within the
aforesaid dates"
Another defense, OF similar nature
is that there was an accounting ant
settlement between him ard the stat
for all moneys collected prior to Januar,
| /, 1895, and that on said accounting AM
settlement il was found that his cash &C
counts were absolutely correct, aud al
moneys by him collected had been &C
counted for. and that he was not in
debted TO the plaintiff in any sum what
ever.
II is also alleged that during his in
cumbency, after January l, 1896, he col
lected 500, ,60l 48 and paid over the Who'll
Of that sum.
The failure Of the state to discoye
Davis peculations sooner, and it's failur
to begin action on bis bond, which wa
totally inadequate in amount, leaves th
state in a poor position to collect, AM
every indication is that the deiaultiD
clerk will 90 free and that the state vii
lose the entire amount Of his deialcs
tiOn.
First Football Game.