The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1914-05-25
JUDGES DIDN'T
LETTER
Gov. Fletcher's Request for
Opinion Apparently Ignored
by Supreme Court
PAPERS RETURNED
AFTER THREE MONTHS

Secord of Correspondence Between
Chief Executive and Judiciary in Re
gard to Surety Bond of State Treas
urer Startling Situation.
MONTPELIER, May 25.-That the
governor addressed an official communi-
cation to the Supreme court under date |
of February 20, 1914, asking its opin-
ion regarding his rights and duties I'M
der the law in the matter of cancel- |
ing the bond of the state treasurer,
and that the communication remained
until May Il, 1914, when
the chief executive withdrew all pa
pers, is the record of the correspon-
dence between the executive and de
partment of the judiciary, just made
public.
The governor s letter accompanying
his request for information on five diff
ferent points regarding the bond of
the state treasurer is as follows:-
Montpelier, Vt, Feb. 20, 1914.
Hon. George NJ. Powers, Chief JUS
tice of the Supreme Court, Mont
peler, Vt.
MY Dear Judge Powers:-I am
transmitting to you herewith for the
consideration of your honorable court
an official request for an opinion upon
certain questions connected with the
discharge of my duties as governor.
II do this for the reason that l am
not willing to concede that the statute
law of this state governing the sub
icct matter of my inquiries is capable
of a construction which embodies a
doctrine or principle which is at once
vicious and alarming, in this, that no
matter under what conditions the gov
ernor 5 approval to the state treas
urer $ bond is obtained, whether by
fraudulent means or otherwise, and no
matter whether subsequent to such APP
prevail the financial responsibility of
the sureties becomes such as to presage
| serious financial loss to the state, that
there is no authority vested in any
other agent of the state to safeguard
| its interests, and the bond thereby be
! comes an instrument of protection tC
/ the state treasurer and not to the
! state.
- am, my dear sir,
" Respectfully yours.
! 50 (Signed) ALLEN NJ. FLETCHER,
| Governor
The request for opinion. enclosed
with the foregoing letter, is addressed
to "The HonorabIes George NJ. Pow
ers, Loveland Munson, John H. Wat
! son, Seneca Haselton and William II
4 Taylor, justices of the supreme court, ,
/ and reads as follows
I ha -,
of section 1871 of the Public Statutes
the governor of the state Of Vermont
respectfully requires an opinion i
writing of your honors upon the fol
lowing questions Of law connected wit
the discharge of his duties as govern
or.
Section 373 of the Public Statute
=. as amended by No. IS of the acts 0
1908 and No. % of the acts of 19l
reads as follows
- The state treasurer shall, befor
entering upon his duties, execute
= bond to the secretary of state, wit
t. sureties to be approved by the govern
9 or in the sum of 800, 900, and sha
! ! take the oath of office, a certificate {
e which shall be endorsed upon the bon,
h A domestic surety company or q 70
y
3 business within this state may act
= surety and when a surety compan
> bond is furnished, the expense theret
- shall be paid by the state
Z 81. Under the provisions Of the la
!, as it now stands, can the governor 7
l call or cancel his approval of the boz
D of the state treasurer when condition
; have arisen which, in his judgment. 7
|. quire new bond to protect the be
Y interests of the state.
f 80. When the approval of the 90
- ernor has been obtained to the sta
: treasurer s bond by u msrepresent
q tion of material facts or a suppressi,
N of material facts, has the governor a
"a thority to cancel his approval, and 4
- mand of the state treasurer a III
e. bond?
s. "3. When one or more of the SUI
or ties to the state treasurer s bond |
IS. come insolvent after the approval
n the governor has been obtained a
If thereby the state is not properly ~
= tected, has the governor authority
cancel his approval and demand of t
state treasurer a new bond?
4 When the sureties to the sta
. treasurer S bond or a majority of the
are foreign surety companies and 2
not authorized to do business in t
. state OF Vermont, and the approval
the governor was obtained by the st;
treasurer who was ex-officio one Of t
insurance commissioners of the state
- Vermont without communicating So
tact % the governor although kno
TO the state treasurer, and unknown
the governor at the time the COVE
or s approval was obtained has
governor authority to cancel his
proval and demand of the state ire
Il urer Il new bond?
"5. In case the foregoing questi'
OF any of them are answered in
-. affirmative, can the governor, hav5
MI cancelled his approval and notified
the treasurer, thereof, and having dema
eng ed of him a new bond, and he hav
,..-.-L.-.-. .-..E.....L L.. Lln thc