Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-01
BOND OF THE AUDITOR
No Provision in Law to
Govern Disbursements.
COUNSEL'S OPINION
POINT RAISED IN CONNECTION
WITH DISTRICT OFFICE.
Faithful Performance of Official Duty
the Only Requirements Under
the Statute.
COUNSEL'S OPINION

In connection with the consideration or
the form of bond to be given to the ltstrlct
of Columbia by Mr. John r. Garrison. the
newly appointed auditor, Mr.. +. II. Thomas,
acting corporation counsel. has rendered
an opinion to the Commissioners hoid'nS
that there is no provision OF law TO require
"A District auditor to give bond conditioned
with the clause to well and truly pay over,
d,slurse and account for all moneys that
NAV come into his hands" A bond for the
faithful performance of the duties of the
office is the only form OF instrument pro-
vided by law the statute on the question
being an act of the late Legislative assem-
bly,.
The opinion indicates that the Commls-
sioners had authority to require Mr j.
I. Petty, the late auditor of the District.
to give a bond to cover the handing OF
money. MIR. Pettys bond was conditioned
upon the faithful performance OF ms duties
and also contained clause providing tor
strict accounting for all moneys coming
into his hands either by law or orders or
the Comm ssioners. Just what bearing this
ruling may have upon the proceedings OF
the commissioners to recover on MIR. Pet-
tvs bond is not known. Assistant Corpo-
ration Counsel Thomas believes that the
statutory ruling on the subject or the faith
full performance of Rll duties embraces all
requirements made of an auditor. including
the proper accounting OF moneys Inc
po.nt however. will probably he an Inter
esting one when the proposed legal pro-
ceedings are begun. The law department
now has TIE matter of recovering from MT.
Pettys sureties under advisement. These
suretieS are George I. Dearlng, Z. u.
Church and jesse B. Wilson.
New Auditor at Headquarters.
Mr.. Garrison, who will assume the duties
of auditor the morning of August 16. was
at the District building yesterday after
noon late. talking over with Commissioner
West the matter of the form of bond TO be
given by him. The amount OF the instru-
ment is fixed by the act Of the Legislative
assembly at 10000
Commissioner West recently took the
matter up with the acting corporation
counsel. Mr.. L. II. Thomas. He forwarded
to the law department a copy OF the form
of bond adopted for use in the District gov
ernment. Mr.. Garrison called attention to
the fact that this proposed bond contains
the clause and shall we'll and truly pay
over, disburse and account for all moneys
that shall come to his hands, Under the
new methods adopted for the auditors
office that Office is divorced from the col
lection and disbursement % any money
whatsoever. Mr.. Garrison questioned whether
IT necessary to bond him for the dis
bursement of moneys when such work will
not come within his province. Commits
Sioner West said he understood It made
some difference in the cost of the bond and
asked for opinion from the counsel re-
sarding the matter Mr. Thomas has
piled that there is no law requiring Mr..
Garrison as auditor to give a bond to well
and truly pay over moneys
Views OF Counsel.
MIR. Thomas says:
Il have the honor. in reply to your re-
quest to be advised whether it is necessary
to bond MI John K. Garrison, who is to
gust Ii, to we'll and truly pay over, dis
burse and account for all moneys that shall
come to his hands under the new methods
adopted for the auditors Office, divorcing
that office from the collection and d.shurse
nent Of any money whatsoever, to state
that by virtue of an act Of the late legisla-
t.,- ..a-e:noly it is provided that the au-
ditur % the District of Columbia shall give
bond IN the sum of S2D,~o, conditioned for
the faithful discharge of the duties of his
office
This is, as far as I am advised the only
statutory requirement on the subject
IF in the discharge of the duties of his
Office the auditor be required to receive and
disburse moneys. ii would seem that the
general rule applies that "A bond condi-
toned for the performance of the duties OF
:, public office generally is construed so as
TO embrace ell of the duties which by law
are required of the officer and such other
duties us are reasonably incident neces-
s4ry to he performed in order to give prop
cr effect to the duties prescribed Fourth
American and English Encyclopaedia I'd
edition GSl and that the condition men-
toned in the statue would suffice.
Il am therefore of the opinion that Mr..
Garrison is not required to give bond to
we'll and truly pay over. disburse and ac-
count for all moneys that shall come to
his hands. but is required to give bond
conditioned for the faithful discharge of
the duties of his office.
Bond Forwarded for Approval.
Mr. Garrison submitted to Commissioner
West a copy of a bond framed in accord
ance with the opinion of the acting corpo-
ration counsel and the instrument has been
forwarded to the law department for ap
proval. After naming the amount OF the
bond and the bonding company which will
serve ;,s surety, the instrument continues:
Whereas the above bounden John r.
Garrison has been appointed to the Office
of auditor in and for the District Of Col
umba: Now. therefore. the condition OF
said obligation is such that If the said
John r. Garrison shall faithfully and efti-
ciently perform all the duties OF his said
office as provided for by law. and the rules
and regulations from time to time duly
prescribed for the government of the civil
service of the District OF Columbia. then
said obligation to be void. otherwise to re-
main in full force"