The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-03-03
BONDING COMPANY
UNJUST PAY EXPENSES
III Any Are Incurred in Col.
Letting Shortage.
Fiscal Court Refuses TO Allow PAY
To Committee While ON Eastern
Junket.
COST TO COUNTY WAS $500

Dull mOnOtOny was broken in the
session of the fiscal court yesterday
afternoon when the. check of the
Title Guaranty ana Surety company,
IN payment for the alleged shortage
of Hiram Smedley. former county
court clerk, was refused. The meet
ing became lively and the debate was
animated The session ended by the
last straw of comprise being thrown
away. and County Attorney Alben
Barley was ordered by the court TO
file any suit necessary or prosecute
any suit already filed that sought TO
recover money due the county by
Hiram Smedley.
The breach was a surprise to the
members and spectators. as the com
promise was cut and dried and ii was
expected easy sailing. Attorney John
O. Miller, ST., representing the COM
pany, stated that he was ready 20
pay to. the county a check for ST.
5S0.52, but he wanted a resolution
adopted by the court. The resolution
in substance read that the settlement
would be final and that the bonding
would not be held liable for
any other shortage that might be
found in the Office, and also that the
company would be protected from
amy suits that w. NJ. Husbands, reve-
nue. agent, might file and secure
judgment. The fireworks was started
by the motion of Magistrate c. w.
Emery to refuse to accept the check,
and the discussion became lively and
spirited rejoinders were made by sew
.eral speakers. County Judge r. T.
.Lightfoot strenuously opposed the ac-
ceptance of the check under the con-
ditions, asserting that IL Mr.. Hus-
bands secured Judgment for the
shortage that the county. and not the
bonding company, would be response
bic for his fee, which would be about
1925. 1t was the opinion of the
members of the court that Mr.. Hus-
bands, as state revenue agent, had no
authority to file the suit to recover
funds due the county without the
consent of the fiscal court, but the
court did not want to leave the
county liable for the fee should the
higher courts decide that his fee
should be allowed.
A resolution was offered that the
county would make the final settle
ment with the bonding company for
.$1.5S0.52 II the company would
agree to pay any fee that Mr.. Hus-
bands might secure, but this was not
satisfactory TO the counsel, and was
rejected Both the bonding company
and the county wanted to escape a.
long-winded litigation, but the effort
lat compromise was a failure. Magis-
trate Emery said the court had dealt
fairly with the company and his mo-
ton carried unanimously to refuse
the check
Another lively tilt between the
members was the presentation of the
bill of Magistrate Emery, Broadfoot
and Bleich for committee WORK,
which was understood to be for work
done while away on the trip east to
inspect road machinery. Magistrate
Emery said he put in the bill because.
the money allowed for the trip was
not sufficient, but Magistrates Bleich
and Broadfoot contended that their
work was done in the county. How
ever, the payment for the committee
work was withdrawn. For commit
tee work SO IS allowed for each day.
Judge r. T. Lightfoot announced
from the bench that there was too
much committee work being carried
on and that he would rearrange the
committees.
1t was stated in open court that
$500 was allowed by the county for
the committee. consisting of Magis-
trates c. w. Emery, George Broad
foot, and Bert Johnson. county road
supervisor. to make the trip east to
inspect road machinery. but that the
members split expenses and took
Magistrate J. J. Bleieh along. 1t was
the expression Of the court that any
expense over $500, which was al
lowed by the court, would have to oe
maid bv the members themselves.