King County's Treasurer Missed His Bond Deadline. Then the Fight Began.
Elected treasurer Maple failed to file a legally sufficient bond by January 14, prompting a substitute appointment and a sharp editorial fight over forfeiture, sureties and the public's right to an investigation.
THE COUNTY TREASURER.
When James, who presided at the meeting held at The Armory yesterday, said that Mr. Maple ought to be county treasurer because the people elected him, he stated what was literally true.
Under our form of government the people are supreme under the law. It is certainly unfortunate, however, that Mr. Maple was unable to comply with the law and file a good and sufficient bond on or before January 14. If Mr. Maple had done this, he had a right to the office and could not and would not have been disturbed.
The office has no particular interest to Mr. Maple as an individual. It has an interest in him, however, as a man duly elected to a public office by a decisive majority. It matters not whether he be a Republican, a Democrat or a Populist, he has certain rights under the law and these rights should be respected.
We do not believe, nor do we believe that Judge Jacobs or even Mr. Maple himself, would contend that the law should be transcended or that certain privileges and immunities should be granted to him because he is a Populist that would not be accorded to him were he a Republican or a Democrat. There is a grave question as to whether or not the failure of Mr. Maple to file a bond within the time prescribed by law did not of itself work a forfeiture of the office. If it did, then if Mr. Maple were to take the office would not his bondsmen, even if his bond were accepted, be released from all liability on the bond in the event of a loss?
It must be remembered, moreover, that according to the statement of Chairman Gaach, of the board of county commissioners, the bond that Mr. Maple did file subsequent to January 14 was entirely inadequate and the commissioners could not therefore conscientiously accept it. The new bond has by order of the board been already referred to the auditor for an investigation as to the sufficiency of the sureties.
The appointment of Mr. Rilinger was made pending a determination as to the legality and sufficiency of the new bond and of the legal questions involved in the failure of Mr. Maple to file any bond at the proper time.
Mr. Maple is not, so far as the facts are disclosed, prejudiced by the delay, which it must be admitted was occasioned by Mr. Maple's failure to get his bond before the commissioners in due season and by the fact that his sureties were not satisfactory.
The people, however, are affected by the delay. They voted for a change in the treasurer's office in the expectation that the change would take effect January 14. That the change was not made at that time has postponed an investigation into the affairs of the office. This investigation should not be longer delayed. It should be made at once. It should be thorough and it should be made by men whose standing in the community will entitle their report, whatever it may be, to the fullest confidence.
In the meantime everything that the county commissioners can do to assist Mr. Maple in establishing his right to hold the office, and to hold it legally, within the line of their duty they should and doubtless will do.
“There is a grave question as to whether or not the failure of Mr. Maple to file a bond within the time prescribed by law did not of itself work a forfeiture of the office.”
The dispute turns on a technicality that still matters: what happens when an elected official fails to meet a legal deadline before taking office? Modern elections can hinge on filing deadlines, bond requirements and who has authority to fill a disputed seat, just as King County commissioners weighed Maple's bond and the public's right to an investigation.
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