GROVER CLEVELAND.

EXECUTIVE MANSION, _August 22, 1888_.

_To the Senate_.

I return without approval Senate bill No. 3038, entitled "An act for the

relief of P.E. Parker."

Mr. Parker was a surety with six other persons upon an official bond

given by one Franklin Travis, a collector of internal revenue, which

bond was dated on the 9th day of May, 1867. A few years after that

the collector became a defaulter to the Government for something over

$27,000. Suit was commenced against the sureties upon the bond, and the

defense was presented in their behalf that by reason of the imposition

of new duties and responsibilities upon the collector after the

execution of the bond his sureties were released. Judgment, however,

passed against them, and the property of the beneficiary named in this

bill was sold upon said judgment for the sum of $2,366.95. But only

$1,793.16 of such amount was paid into the United States Treasury, the

remainder having been applied to the payment of fees and expenses.

After the application of this sum to the payment of the judgment a bill

was passed by the Congress relieving all these sureties from liability

upon the bond. It appears that the amount above stated was all the money

collected thereupon. The grant of the relief of these sureties by the

Congress apparently was the same interposed by them to the suit in which

the judgment was recovered.

The present bill directs the Secretary of the Treasury to pay to the

surety Parker the sum of $2,336.95, the entire amount for which his

property was sold, though the Senate committee to which the bill was

referred reported in favor of reducing this sum to $1,793.16, the amount

actually received by the United States upon its indebtedness.

It seems to me that the action of Congress in relieving these sureties

was generous in the extreme, and if money was to be refunded which was

apparently legally recovered and collected it should not exceed the

amount the Government actually received. The Government is in no default

and should be put to no expense in refunding the small sum recovered on

account of the defalcation of its officer whose good conduct this

beneficiary guaranteed. I think it would better subserve public

interests if no further relief should be granted than that already

afforded.

There is another fact reported to me which deprives this surety of any

equitable claim for further relief. It appears from an examination of

this matter that the man who is now attempting to be reimbursed this

money from the Government Treasury commenced a suit against his

cosureties for this identical money on the ground of their liability

with him, and that he actually collected from two of them in such suit

the sum of $1,747.16.

If this is true, it is speaking mildly of the claim he now makes against

the Government to say that it should not have been presented.

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