Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-06-18

Montpelier, June 16--The second chap
ter in the controversy between Governor
Fletcher and State Treasurer Edward II.
Deavitt over the treasurers bond was
enacted to-day with the filing in the
office of the clerk of the supreme court
OF the answer of the State treasurer in
!he mandamus suit to compel the treas
urer to cancel his old bond and furnish
a new one. Under the order of Justice
John r. Watson. the State treasurer had
until tomorrow to file his answer. The
relator now has 30 days to take testi-
mony and the respondent 80 days. with
10 days in addition for the relator to
rebut
The answer, which covers six type
written pages is signed by Mr.. Deavitt
as respondent. and his solicitors, w. B.
C. Stickney, ]. G. Sargent and w. A,
Lord, and is sworn to before William A.
Lord as master in chancery.
The principal points brought out by the
treasurer In his answer are that the Amer
lean Fidelity company of Montpelier, the
principal surety on his bond is solvent
and in condition to meet It's accruing liza
bilities He denies that he withheld, sup
pressed or concealed facts, in any respect,
from the Governor. He states that
through some misapprehension or miscon-
duct of a former secretary the company
declared dividend without first obtaining
the approval of the commissioners, but In
other respects the company had compneo
with all the recommendations of the In
surance commissioners He submits that
thedemand made by the relator, as Cover
nor, was onet he relator had noauthority tc
make, and the respondent, as State treas
urer, had no right or power to comply
with He states that since the service o
the petition, acting on the advice of coun
sell he had rendered to the Governor hi
bond with the American Surety compan!
as surety in the sum of 10000, but still
decired to comply with the Governors re
quest for the cancellation of the existint
securities, and that counsel for the Cover
nor objected to the form.
THE ANSWER IN DETAIL
The full text of the answer follows:
State OF Vermont eX rel Allen NJ Flet
cher, Governor of Vermont, VS.. Edward
II. Deavitt Treasurer of the State OF
Vermont.
Supreme Court Washington County.
The answer of Edward II. Deavitt
State treasurer to the petition of Aller
NJ. Fletcher, Governor.
This respondent, Edward H. Deavitt
for answer to the petition OF the saiC
Allen NJ. Fletcher, Governor, as relator
or so much thereof as he is advised il
material to he answered says:
That he admits the respondents cleo
ton and commission as State treasure
of Vermont as set forth, and the tende
of a bond with the American Fidelit!
company as surety, upon which was thi
RESPONDENTS oath of office duly certified
to the Governor for his approval
And this respondent denies that he a
all times has had the custody, as insur
ance commissioner of Vermont, Of tn
reports showing the financial standin
OF said American Fidelity company an
AYERS that he believed he knew tn
financial standing and condition of sal
company at the time of the execution
Of said bond and had reason to and di
believe, and he therefor AYERS that tn
said company then was and now
solvent and in condition to meet Its &C
cruing liabilities.
PROCURED SECURITIES.
This respondent admits that II
Govern,s assigned as reason for M
approving said bond when presente
that he thought that in view of il
other obligations to the State ther
should be more than one surety beside
the American Fidelity company for s
large penal sum.
And in answer to so much of sal
petition as purports to recite the Gil
cumstances of this respondents fun
nishing further securities. this re
spondent says that in order to NEE
the above objections of the Governo
this respondent procured and tendere
further securities as set forth in sal
petition, believing that by so doing h
met and satisfied the Governor
wishes.
And AS to the authority of said CON
panes furnishing further security
40 an insurance business in this Stat
at the time of the approval of sal
bond and securities, this responder
admits that they had no such autho
lty. and AYERS that since that time ar
before the service of this petition a