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Proceedings of the House, 1892
Volume 398, Page 514   View pdf image (33K)
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514 JOURNAL OF PROCEEDINGS [Feb. 26
obtaining the recommendation of the Governor to this
effect, as prescribed by section 33, of Article 3, of the.
Constitution, without which recommendation, or that
of the "Officers of the Treasury Department," no such
Act can properly be passed.
The transactions which have led to this application
are so well known to the people, as to need but a brief
recital
Mr. Archer was elected Treasurer for the first time
in January, 1886, and qualified on February 2, 1886,
by taking the oath of office and giving bond as re-
quired by law.
On January 13th, 1888, he was elected for a second
term and should have qualified by taking the oath of
office and giving bond within thirty days thereafter,
but he did not in fact attempt to qualify or give bond
until November 18th, 1889.
On January 9th, 1890, he was elected for a third term
and qualified and gave bond on January 30th, 1890.
Upon the first bond given by him a judgment has
been recovered by the State for $60,000.
Upon the second bond the Court of Appeals have
decided that the sureties are not liable at all.
The suit upon the third bond has not been tried,
but the sureties assert that his defalcations subse-
quent to its date amount only to $5,000. Assuming
this to be correct, the State's whole claim against his
sureties amounts to $65,000.
According to the regular and orderly course of events,
this first bond should have come to an end not later
than February 13th, 1888, and been superseded by the
bond, under his seeond election of January 13th, 1888,
but in consequence of his failure to qualify under his
second election, the Court of Appeals have decided
that he he'd over under his first election, and that his
first bond was in law responsible for the whole period
from February 2d, 188(5, down to the 30th January,
1890, when he gave bond under his third appoint-
ment.
In other weirds, they have extended the legal liability
of his sureties upon his first bond for two years longer
than it was originally expected by the sureties that it


 
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Proceedings of the House, 1892
Volume 398, Page 514   View pdf image (33K)
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