Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-14
SUIT FOR $81,52
FILED BY COUNTY
Sureties for Late A, l. War.
then Asked to Make Good
Alleged Shortage.
Special Dispatch to The star.

FRONT ROYAL, Va, August IA
The Board Of Supervisors Of warren
County has brought suit in the Circuit
Court here against A. L. Warthen's ad-
ministrators and the Aetna Casualty &
Surety Co. Of Hartford; Conn; the Ma
tional Surety Co. Of New York and
about 20 individuals who are sureties
on the various bonds given by the late
A. L. Warthen to recover an alleged
shortage due to the county Of $sl ,542l4.
The bill alleges that, beginning with
July IL, 1921, the accounts of A. l..
Warthen. deceased, as treasurer of War
rem County, have been duly audited by
the State accountant and reports made
annually. and by final audit it Is shown
that at the time of his death Warthen
owed the county the sum Of $81,542.l4.
Appointed in 1918.
A. L. Warthen was first appointed on
November 3, 1915, and from that date
to the date Of his death he continued
as treasurer Of Warren County. He
gave various bonds covering his terms
or ONCE with individual Sureties until
ne was elected on November 6, 1928.
and on December 81, 1928, he qualified
by giving bond in the penalty Of 343,-
OOO with the Aetna Casualty d Surety
Co. as his surety. On October 1. 1927.
the Aetna Casualty & Surety Co. insti-
tuted proceedings to require Warthen
to give new bond and asked the court
to release it as surety. and it claims
that on October Is, 1927. the court
passed an order relieving 1t from any
further liability.
The court then passed an order re-
curing Warthen to give a new bond by
october "a. 1927, and failing to do so
the court passed an order removing
Warthen from office.
Upon refusal of the court to rehear its
order Warthen took exception, and on
October 81, 1927, the court suspended
the order Of October "a, 1927. and War
then furnished suspending bond in
the penalty Of 100000 with As individ-
uals as sureties, in amounts ranging
from $500 to $4,000. Warthen then
applied to the Supreme Court Of APP
pealS OF Virginia for a writ of error and
appeal from the orders Of October 10.
"a, IS and 81, 1927, with supersedeas,
and 1t being granted, Warthen executed
bond in the penalty of SOS, 900 and on
November 10. 1927. executed bond with
40 individuals as sureties. in amounts
ranging from 81 900 to $4,000.
EOStS NGW mona.
While the matter was pending before
the Supreme Court. Warthen in Novem-
Der. 1927. was duly elected treasurer of
Warren County for another term, and
on December 81, 1927, gave bond for
$50, 900 with the National Surety Co. Of
New York as his surety.
In the present suit. and order Of the
court was passed on July o. 1929. giving
an additional 30 days to all defendants
in which to file answers. and also re-
ferring the case to John M. Steck, COM
missioner Of chancerv. Of Winches-
ter, Va.
On behalf of the county, the case Is
being handled by John H. Downing.
commemorative attorney Of Front
Royal. and former Representative T. w.
Harrison of Winchester. The Aetna
Casualty & Surety Co. Is represented by
Weaver & Armstrong Of Front Royal.
The National Surety Co. by Harry
Kerns Of Winchester. and about go of
the individuals being sued as sureties
have retained Walter @. Olmstead with
whom will be associated ex-senator Z.
H. Jackson of Front Royal and possibly
another attorney to be selected later.