Report of the Joint select committee appointed to inquire into the condition of affairs in the late insurrectionary states, so far as regards the execution of laws, and the safety of the lives and property of the citizens of the United States and Testimony taken.

ALABAMA —- SUB-COMMITTEE. 1875
Answer. There is a large creek that runs in between Tompkinsville and Black's Bluff
that is very difficult to cross; that is the Kintabisl Creek. It has high bluffs, and I
do not know that it can be crossed at all, on horseback, between the public road and
the river.
Question. For that reason you think no such route would be taken from Tompkinsville to Livingston; not only because the main road is more direct, but that this course
is much more dlifficult because of the interposition of this creek?
Answer. Yes, sir.
Question. You have given us the names of some of the officers of your county; state,
if you please, who was superintendent of your county?
Answier. W. J. Gilmore. He was the superintendent, and was elected the county solicitor.
Question. Was he the superintendent of schools?
Answer. Yes, sir.
Question. State, if you please, whether he is indebted to the county?
Answ'er. He moved, after holding the office for some time and while he was superintendent, over into this county, across the line a short distance. He had made contracts
and established a number of free schools in the county, and the school-teachers made
frequent visits to Butler to see him to get their compensation. One of them I saw
th'ere. He had been there several times to see him, and he told me afterwards he paid
him off in some cattle. He had, according to his own statement, about $4,000 of funds
in his hands, and some time last spring his house was burned, and he stated that the
school-funds were burned up in that house.
Question. Did he move over and run for the legislature in this county while superintendent of that county?
lAnswer. Yes, sir; and solicitor of that county.
Question. While both superintendent and solicitor of that county he caume over here
and ran for the legislature?
Answler. Yes, sir.
Question. Did he have his residence in that county?
Answer. His residence was in that county when he was appointed superintendent,
and when elected solicitor; and while he was holding these offices he moved over into
this county.
Question. Was his house burned in this county?
Answer. Yes, sir.
Question. With the funds of Choctaw County, burned up?
Answer. Yes, sir; the county superintendents are required to execute a bond with a
penalty sufficient to cover the amount of funds in their hands. He gave a bond, or
rather he drew an instrument himself, and put no penalty in the bond. He had it
signed by a number of persons, but there was no penalty in the bond, and consequently
it could not be enforced against the securities.
Que.stion. Has he had anything to respond, himself?
Answcer. Nothing in the world, sir. His wife has some little property.
By Mr. RICE:
Question. Is it the law here that you cannot collect the bond unless there is a penalty
on the face of it?
Answer. Yes, sir.
By the CHAIRMAN:
Question. Does it make the bond void, unless there is a penalty in it?
Answer. Yes, sir; it has been so decided.
Question. By what court?
Answer. The securities on the bond are not responsible, anyhow.
Question. But I want to know as to the legality of the obligation. Was it in the
nature of a contract with the State that he would faithfully discharge his duties as
county superintendent?.nswcer. Yes, sir; there is an amount always fixed as a penalty in the bond, which
fixes the extent of the liability of the securities. He, of course, is not absolved from
the obligation, but the securities cannot be held equitably on the amount of the penalty fixed in the bond.
Question. Why not, if there is a general agreement, signed by him and his sureties,
that all of them shall be liable to the State for the faithful discharge of his duties?
What law prohibits the obligors, principal and surety, from being bound?
Answer. That is the construction put upon it, that they limit the extent of the
liability of sureties on the bond to the penalty placed in the obligation.
Question. Certainly, when there is a penalty put in it.
Answer. The bond reads that they are indebted to the State of Alabama in the sum
of so much money, which they agree to pay, and bind themselves, their executors and
administrators, to pay. The condition of the bond is, that the penalty of the bond is