Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-05-28
GOVERNOR May
ORDER NEW BOND

Montpelier, May est is reported
here that Governor Fletcher may adopt |
measures to compel state Treasurer
Deavitt to protect the interests of the
State of Vermont by providing a prop
er bond. Further developments in the
issue now pending are awaited with
interest
That the Governor addressed an Off
cial communication to the supreme
court under date of February 90 1914,
asking its opinion regarding his rights
and duties under the 'aw in the mat
ter Of cancelling the bond of the state
treasurer, and that the communication
remained unanswered until May II,
1914, when the chief executive with
drew all papers is the record Of the
correspondence between the executive
and department of the judiciary.
The Governors letter accompanying
his request for information on five elf
ferent points regarding the bond of
the State treasurer is as follows:
Montpelier, VT, Feb 20, 1914.
Hon. George NJ. Powers,
Chief Justice of the Supreme Court.
Montpelier, Vt;
MY Dear Judge POwers:-I am trans
hitting to you herewith for the consdera-
ton of your honorable court an official re-
quest for an opinion upon certain ques-
lions connected with the discharge Of my
duties as governor.
II do this for the reason that 7 am not
willing to concede tina. the statute law If
this State governing the subject matter of
my Inquiries is capable of a construction
which embodies a doctrine or principle
which at once vicious and alarming, in
| this that no matter under what conditions
the Governors approval to the State
! treasurer's bond Is obtained. whether by
| fraudulent means or otherwise. and no
matter whether subsequent to such APP
| proval the financial responsibility Of the
suretes becomes such as to presaga Sc.
rious financial loss TO the State, that there
| Is no authority vested in any other agent
of the State to safeguard its interests, ana
the bond thereby becomes an instrument
of protection to the State treasurer and
not to the State,
| Il am, my dear sir.
'Respectfully yours.
| (Signed) ALLEN VI. FLETCHER,
| Governor"
| The request for opinion, enclosed with
the foregoing letter. is addressed to
|
Loveland Munson, John IL. Watson
Seneca Haselton and William II. Tay-
lor justices of the Supreme Court" and
reads as follows:
| I'm accordance with the provisions of
section 1874 of the public statutes, the
Governor of the State Of Varmont re-
specially requires an opinion in writing
of your honors upon the following ques-
tons Of law connected with the discharge
Of his duties as governor.
Section 1913 Of the public statutes as
amended by No. IS of the acts of 1908
and No. % OF the acts OF 1910 reads as
follows:
""The State treasurer shall before en-
terinG upon his duties, execute bond
to the secretary of state. with sureties
to be approved by the Governor, In the
sum Of 10000 and shall take the oath
of office, certificate of which shall be
endorsed upon the bond. \ domestic
surety company or a foreign surety COM
lpany authorized to do business within
this state may act as surety and when
a surety company bond is furnished, the
: expense thereof shall be paid by the
7 State
i. Under the provisions of the law as
1t now stands can the Governor 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 protect the best Interests
, Of the State?
- When the approval of the Governor
al been obtained to the State treasurer's
4 'ond by misrepresentation Of material