The Barre daily times. (Barre, Vt.) 1897-1959, 1914-06-16

1914, this respondent acting under ad.
vice of counsel, rendered to the govern.
or OF Vermont, his bond with the Amer.
lean Surety company as surety thereon
a company authorized to do business in
the state of Vermont, in t'se penal sum
OF one hundred thousand dollars, dated
June II, 1914, conditioned for the faith
full performance of his duties as state
treasurer from the time of the execu.
ton thereof to the expiration of his
term, whether by statutory or eonstitu-
tional limitation And at the same
time, delivered to the governor a let
ter explaining this respondents attitude
in respect to this matter, stating, sub
stantially, that this respondent rendered
to the governor said bond acting under
advice of his counsel and that he must
still decline to comply with the govern
or's request for the cancellation and
abrogation of the existing securities for
the reason that said securities were am
pie and enforceable and further that this
respondent had been advised by counsel
that the governor had no right to make
and this respondent had no right or
power to grant the request made, there
by depriving the state of all subsistng
securities for the faithful performance
OF this respondents duties as state
treasurer up to the time of the execu-
ton of the new bond; and this respond
ent Graves leave TO refer to said letter
so delivered to the governor; and the
governor received said bond and letter
saying that he would receive them condi-
tionally, that he desired to consult his
counsel in reference to what action he
should take and that possibly he might
return the same to this respondent.
"And since such acceptance by the
governor as above set forth, the govern
or's counsel. Robert C. Bacon, esq, has
this respondent that said bond
should have been executed to the SEQ
rotary of state instead of being as it
was executed to the state of Vermont
as obligee.
Upon receipt of which communication,
this respondent referred said Bacon to
his counsel, and has undertaken to pro-
cure from the American Surety company
a bond drawn in the form recommend |
I'd by said Bacon, although this respond |
ant is advised, believes and submits that |
IN legal effect the bond rendered to the !
governor is the same as one drawn in |
the form suggested by MIR. Bacon, the |
zeal obligee being the state of Vermont |
md not any official thereof; and it is
he intention of this respondent in case
he American Surety company furnish
Tim with another bond in form comply
ng with said Bacon's suggestion to inn
nediately present the same to the gov
rnor for his approval to be filed in the
'ffice of the secretary of state.
Edward H. Deavitt.
state of Vermont
Washington county, S.
At Montpelier in said county on this
9th day of June, A. D., 1914, Edward
|. Deavitt, personally appeared and
made oath that he has heard the fore
DING answer read and knows the con-
ents thereof, that the same is true OF
is own knowledge except the matters
herein stated upon information and be-
ef, and that as to those matters he be-
eves them to be true.
Before me
William A. Lord,
master in Chancery.
wv. B. C. Stickney,
-. G. Sargent.
William A. Lord,
Attorneys"