The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-05-26

MuulpNNcl, II
MY dear Judge Powers
4 am 'ansmitiing Ia you herewith
for the consideration of your honor
able court an official request TO, an
opinion upon certain questions con
nocted with the discharge OF nay dut'
les as goyernor.
4 do this for the reason that J am
noi willing To concede that the sta
tutc law OF this state governing the
subject matter of my inquiries Is cap
able OF a construction which embod-
les a doctrine or principle which Is
al once vicious and alarming, in this
that no matter under what conditions
the governors approval TO the state
treasurers bond is obtained, whether
by fraudulent means or otherwise,
and no matter whether subsequent
TO such approval the financial re-
sponsibility of the sureties becomes
such as to presase serious financial
loss to the state. that there is no au-
thority vested In any other agent OF
the state TO safeguard its interests
and the bond thereby becomes an IN
sirument of protection TO the state
treasurer and not to the state.
Il am. my dear sir.
Respectfully yours,
"(Signed) Allen NJ. Fletcher,
Governor"
The request for opinion. enclosed
with the foregoing letter, is address.
ed to The Honorabes George NJ
| Powers. Lovcland Munson. John IL.
Watson. Seneca Haselton and VIII
liam II. Taylof. justice of the Su-
prome court" and reads as follows.
In accordance with the provisions
of section 134I OF the Public Statutes
the governor of the state OF Vermont
respectfully requires an opinion IN
writing OF your hono.s upon the fol
lowing questions OF law connected
with the discharge of his duties as
governor.
Section 373 of the Public Statutes
are amended by No. rs of the acts OF
1908 and No. % OF the acts OF 1910
reads as follows
1.-The state treasurer shall. before
entering upon his duties. execute a
bond to the secretary of state. with
sure,ies to be approved by the COVER
nor. in the sum OF 100000. aud shall
take the oath of Office a certificate
of which shall be endorsed upon the
bond. A domestic surety company
or a foreign surety company authoriz
ed to do business within this state
may act as surety and when a surety
company bond is furnished, the eN-
pense thereof shall be paid by the
state.
81. Under the provisions OF the
law as Il now stands. can the COVER
nor recall or cancel his approval OF
| the bond of the state treasurer when
conditions have arisen which, in his
| Judgment. require a new bond to pro
tect the best interests of the stateY
"2. When the approval of the gov
ernor has been obtained TO the state
| treasurers bond by the misrepresen-
tation of material facts or a suppress
sion of material facts, has the cover
nor authority TO cancel his approval
and demand of the state treasurer a
now bond?
%. When one or moro of the sure'
ties to the state treasurcr's bond be
come insolvent after the approval OF
the governor has been obtained and
thereby the state is not properly pro
tected, has the governor authority to
cancel his approval and demand of
the state treasurer a new bond2
a. When the sureties TO the state
treasurer's bond or a majority OF
them are foreign surety companies
and are not authorized to do business
in the state of Vermont. and the APP
proval of the governor was obtained
by the state treasurer who was ex'
ofiicio one of the insurance commits
sioners of the state of Vermont with
out communicating such fact to the
governor although known to
the state treasurer and I'M
known to the governor at the
] illilt tilt 6ONtiilO aHifipNhh Woo W.
tanned, has the governor authority to
cancel his approval and demand OF
the state treasurer new bond?
IS. In case the foregoing qucs
tons of any of them are answered IN
the affirmative. can the governor, hay
ing cancelled his approval and mott
fed the treasurer thereof. and having
demanded of him a new bond. and he
having neglected and refused TO file
the same, treat the office of state
treasurer as vacant and appoint sue
cessor?"
The request for return of papers
without action under date of May II
1914, is addressed similarly TO fore
going and reads as follows
"On February 20, 1914. | transmit
ted to you a request for an opinion
in writing upon certain questions o.
law connected with the discharge OF
my duties as governor.
81 now request you to return the
same to me without action on YOU
part.
Respectfully yours.
ALLEN NJ Fletcher,