The Barre daily times. (Barre, Vt.) 1897-1959, 1914-05-29
DEAVITT CALLED
TO COURT
Continued from first page.

TO do business in the state of Vermont
nor had they become so authorized or
the l4th day of January, 1914, nor have
| they become so authorized since that day
to the knowledge of said governor; that
said governor did not know on said 7th
day of February, 1918, that said com.
panies were not authorized to do bus,
mess in the state of Vermont and that
said governor did not know on said day
that said American Fidelity company
was then in the serious financial condi,
tion hereinbefore set forth but supposed
and believed that said companies were
authorized to do business in the state oil
Vermont and that said American Fl
deity company was in sound financial
condition.
"The relator further AYERS that said
Deavitt on said 7th day of February
1918, well knew that said foreign com.
panies were not authorized to do bus
mess in the state Of Vermont and that
said American Fidelity company was in
the serious financial condition hereinbe-
fore set forth and that the capital OF
said American Fidelity company had
been seriously impaired to the extent
that said company was not safe surety
upon said bond when it was re-tendered
to said governor for his approval as
aforesaid and the relator further AYERS
that said Deayitt wiIfully, maliciously
and continuing and intending to deceive
said governor and to procure his approx
al of said bond and said instruments
executed by said Southwestern Surety
Insurance company, said International
Fidelity Insurance company, said South
ern Surety company and said New Eng
land Casualty company attached TO said
bond as aforesaid, did not inform said
governor as to the financial condition of
said American Fidelity Insurance com
pany as hereinbefore set forth and that
said Southwestern Surety Insurance
company, said International Fidelity In
surance company and said Southern
Surety company were not authorized TO
do business in Vermont as hereinbefore
set forth but wilfully and maliciously
and with intent to deceive said governor
as aforesaid withheld and concealed said
facts from said governor and said gov
ernor then and there believing that said
American Fidelity company was in
sound financial condition and that all of
said other companies were authorized to
do business in the state Of Vermont and
not knowing to the contrary, on the 18th
day of February, 1913, approved said
bond and said instruments attached
thereto and on said day delivered to said
Deavitt his said commission as treas
urer of the state of Vermont executed
by said governor and sealed with the
seal of the state as aforesaid.
"The relator further AYERS that no
oath of office has ever been taken by
said Deavitt other than said oath of
Office taken on the 4th day of October,
1912, as hereinbefore set forth, a certif-
cate of which said oath appears on said
bond.
"No Authorized Agents"
"The relator further AYERS that said
Southwestern Surety Insurance COM
pany, said International Fidelity Insur-
ance company and said Southern Sure
ty company have no authorized agents
Or attorneys or any officers whatsoever
in the state of Vermont upon whom
process can be served nor is there any
manner of means known to the relator
process could be served upon
said companies in case it were neces-
sary to bring action in the courts of
this state to enforce said instruments
executed by said companies and that it
would be necessary to bring such action
n the states of the domcle of said com
Danies if such action became necessary.
"The relator fun Their AYERS that said
American Fidelity company is at pres
mt in the serious financial condition
lereinbefore set forth; that said COM
1any has ceased to do employers liabil
ty and workmen's compensation insur
lnee business, which said business has
constituted the larger part
If its business, and has since been doing
'nly a small fidelity and surety business
with a disproportionate overhead ex-
)ense.
"Your petitioner further AYERS that
m account of the financial condition of |
aid American Fidelity company il re-
luced its capital stock from seven hun
lred and fifty thousand (ST50,000) dollars
% three hundred and eighty-two thous
md seven hundred and fifty (S3S2,750l |
dollars by cancelling and retiring three
hundred and sixty-seven thousand two
hundred and fifty (S367, 250l dollars of
aid capital stock which the holders
hereof surrendered to said company