Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-06-04

state OF Vermont and that said Ameri-
can Fidelity company was IN sound
financial condition.
The relator further AYERS that said
Deavitt on said 9TH day of February
1913, well knew that said foreign com
panies were not authorized to do business
in the state of Vermont and that said
American Fidelity company was in the
serious financial condition hereinbefore
set forth and that the capital of said
American Fidelity company had been
seriously impaired to the extent that said
company was not a safe surety upon
said bond when it was retendered TO
said Governor for his approval as afore-
said and the relator further AYERS that
said Deavtt willfully, maliciously and
contriving and intending to deceive said
! Governor and to procure his approval of
said bond and said instruments executed
by said Southwestern Surety Insurance
company, said International Fidelity In
surance company, said Southern Surety
company and said New England Cas-
ualty company attached to said bond as
aforesaid did not inform said Governor
as TO the financial condition of said
American Fidelity Insurance company as
hereinbefore set forth and that said
Southwestern Surety Insurance company,
said International Fidelity Insurance
company and said Southern Surety COM
pany were not authorized to do business
! in Vermont as hereinbefore set forth but
wllfully and malcously and with intent
to deceive said Governor as aforesaid
withheld and concealed said facts from
said Governor and said Governor then
and there believing that said American
| Fidelity company was in a sound finan-
cial condition and that all of said other
| companies We're authorized to do bust
ness in the state of Vermont and not
knowing to the contrary. on the eth day
Of February. 1913. approved said bond
and said instruments attached thereto
and on said day delivered to said Deavltt
his said commission as treasurer of the
State of Vermont executed by said Gov
ernor and sealed with the seal of the
state as aforesaid
The reator 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, 1872
as hereinbefore set forth, a certificate Of
which said oath appears on said bond
Southwestern Surety Insurance com
pany, said International Fidelity Insur-
ance company and said Southern Surety
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
or means known to the relator whereby
process could be served upon said com
panies in case it were necessary to bring
action in the courts Of this State to on
force said Instruments executed by said
companies and that It would be necessary
to bring such action in the States of
the domicle of said companies if such
action become necessary.
The relator further AYERS that said
American Fidelity company is at present
in the serious financial condition herein
before set forth tina, said company has
ceased to do employers liability and
workmen's compensation insurance busi-
ness, which said business has hereinto-
fore constituted the larger part of its
business and has since been doing only
a small fidelity and surety business with
a disproportionate overhead expense.
Your petitioner further AYERS that on
account of the financial condition of said
American Fidelity company it reduced
its capital stock from seven hundred
fifty thousand (s75oO0W dollars to three
hundred eighty-two thousand seven hun
dred fifty G3S2, 800 dollars by cancelling
and retiring three hundred sixty-seven
thousand two hundred fifty (S3s7, 800 dol
lars Of said capital stock which the hold
ers thereof surrendered to said company
without receiving any compensation
whatsoever therefor.
The relator AYERS that said bond and
said instruments thereto attached are al
present an unsafe insufficient and in
adequate security to the State of Yer
mont.
The relator further AYERS that subse.
quont to the first of July, 1913, said Gov
ernor first became cognizant OF the fact:
concerning the financial condition OF tn,
American Fidelity company hereinbefort
set forth and that said Southwestern
Surety Insurance company, said Interna
tional Fidelity Insurance company anC
said Southern Surety company We're no
authorized to do business in the State
of Vermont and thcreupon notified sait
state of the State Of Vermont. that sale
'IpNtIil'l NllIIiEtN MS approval OF Sdlt
bond and said instruments attached there
to and further notified said DeaVitt t,
forthwith cancel and abrogate said bono
and said instruments attached thereto
and to procure, present to the Governo
Cor approval and file with said secretar,
Of state another bond in the penal sun
of one hundred thousand 100000 dol
lars conditioned upon the faithful ex
ecution by said Deavitt of the office o
treasurer of the State of Vermont, Will
other and good and sufficient surete
upon said other bond. all of which sale
Deavitt neglected and refused to do anC
has continued said neglect and refusa
ever since.
The relator further AYERS that there il
no other adequate remedy in the promises
than that a writ Of mandamus issue from
! this honorable court directed to sale
Deavitt as treasurer of the State of Yer
mont and commanding said Deavitt /,
cancel and abrogate said bond of tn
American Fidelity company and said in
struments attached thereto and to pro
cure. present for approval to the Gov
ernor and file with the secretary OF stat
a new bond in the penal sum OF on
hundred thousand 100000 dollars condi
toned that said Deavltt shall faithful
execute the office of the treasurer Of tn
State of Vermont with good and suffi
Gent sureties upon said new bond.
Wherefore the relator prays: