The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1903-05-23
That Postmasters are Liable
For Funds Stolen.
Burglary Does Not Relieve Them and
Their Bondsmen From Lii
ability.
FIRST DECISION OF ITS KIND

The decision of Judge Walter Evans
Of the United States court at Bowling
Green, in the case Of the United States
against E. U. Fordyce, ct al. is far
reaching in its effect as to the liabili-
ty of postmasters for funds and sup
plies that come into their custody in
their capa city as postmasters, and
which are lost by reason OF burglary
or from other causes. The decision
was rendered few days ago.
4. u. Fordyce was postmaster at
Bowling Green in September, 1900,
during which month the postoffice was
broken into and robbed Of supplies
and money amounting to about 81, 800.
At the time the robbery was reported
to the postoffice department, lnsPec-
tors Holmes apd Furniss went to Bowl
ing Green and investigated. The de-
partment at Washington refused TO
make any credit or allowance to the
postmaster ON account Of the robbery.
Demand was made of Fordyce and his
bondsmen for the amount stolen. Pay
ment was refu sed by them and the de-
psrtment instructed District Attorney
Hill to bring suit for the recovery of
the amount stolen. Suit being brought
Fordyce and his bondsmen set up as a
defense to the action that the sum
sued for was taken from the postoftice
by burglars, a matter over which they
had no control, and asked to be dis
missed from any liability in the mat
ter.
IL was on these facts that the case
was submitted to Judge Evans, and
his decision yesterday was to the effect
that the fact of robbery having &C.
CURED and supplies and funds stolen
did not relieve the postmaster from
as the statute governing the
case was very plain, wherein it was
reoited that the salaries of postmss-
tiers, as fixed by law. shall be deemed
and taken to be full compensation for
responsibility and risks incurred and
personal services rendered by them as
custodians of the postoffice depart
ment. The decision Of Judge Evans
is the first judicial opinion on this
question in this division, as it is very
rarely that postmaster is called upon
to make good losses sustained through
robbery. The decision is in effect that
no matter what means Postmasters
have used to safely secure the funds in
their hands, if the same become lost,
they are liable for the full amount.
The decision of Judge Evans was
anioxusly awaited by the postofiice de-
psrtment at Washington, as il also es-
tsblishes the fact that the postmaster
general alone has discretionary power
in robbery cases to give postmasters
credit for losses occurring in this man
ner and on his failure to do so, post
masters must make the loss good. $40
Postofiice Inspector Furniss returned
to Washington last night much elated
over the decision of Judge Evans. He
had come on to be present at the trial
Of this case, as the question involved
is considered one of vast importance
by postoffice officials.
After the decision Of Judge Evans,
Inspectors Holmes and Furniss went
before the grand jury in session here
and had Fordyce indicted on the.charge
OF embezzling postal funds. He was
arrested and released on bond in the
suu of Al. 900.