1892. ] OF THE SENATE. 401

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than February 13th, 1888, and been superseded by the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 second 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 held over under his first election, and that his
first bond was in law responsible for the whole period
from February 2d, 1886, down to the 30th January,
1890, when he gave bond under his third appoint-
ment.

In other words, 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
would be responsible. The bulk of his defalcations
occurred during this extended period, and the sureties
apply to me to recommend to your Honorable Bodies
to relieve them from the strict measure of the legal
liability thus fixed by the Court of Appeals.

They do not ask, as you will observe, an entire re-
lease from their responsibility, but tendering them-
selves ready to pay at once in cash the amount of
their principal's defalcation during the period begin-
ning on February 2d, 1886, and ending on February
13th, 1888, they pray to be relieved from all greater
liability.

After careful reflection, it seems to me that the case
of the sureties on the first bond presents a strong
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