The avant courier. (Bozeman, Mont.) 1871-1872, 1871-09-27
LETTER FROM THE GAPITAI1.
vrnerntA cry, M. ID, Sept. 81. 1871.

Il
vrnern1A CrTY, M. II, Sept. III, 1871. 4
Mn. Ep1ron: The first number Of the
AvAST COURIER has been received here and
read with ranch interest BY your many friends
and acauaiatances here. 1f the hTsrissues can
be taken as d fair index ID what will follow,
your paper will be Of all times welcomed IN
al parts of the Territory, hailing las it does,
from the most populous and promising agri-
cultural Tegiof, In the country. Our people
here feel lively interest in the growth and
of GalIatin county, and look with
pleasure upon the rapid strides your youth
ful city is making toWards permanence and
wealth. Surrounded, as it Ia, with all the re-
sources of wealth, possessing the advantage
OF 4 beautiful and healthy location, and sital-
ated At y point upon the proposed line Of the
Northern Pacific Railroad where it will be the
first to welcome the advent of the Iron Horse
into the Territory, 1T surely has tiatterIng
future before 1t that few Western towns have.
And would suggest that there Is nothing
that can do more to advance the Interests and
promote the progress OF your city than q
lively. spirited, energetic newspaper. such
an one. it seems, you would make the CoU-l
arEa If literally patronized BY your people.
They will notbe blind to their own Interests
surely land your correspondent bespeaks for
you successin your enterprise.
d & lin these parts there has little TRANSFERRED
Of late that would be Of general interest. On
Yesterday our District Court, which has been
aacf af1sa saH
There hra been little business transacted dur
ing this term, most of the cases being con-
tinued over to the November term by the at
torneys. For the last week or more the
Court has been engaged, however. in trying
d very important case involving the title to
the office Of Territorial Treasurer. The pub
lie generally are aware that since about the
10th of July last the functions appertainiug
to this important office have been in a great
measure suspended, growing out OF the fact
that there We're two parties claiming the right
to the office. As have failed to observe IN
any Of the papers of the Territory q history
of the case and the facts attending If, involving
SO much affecting the interests OF the Territory
at Target will be excused for abiding to
them briefly in this communication. It
seems that the late incumbent, MIR. w. G..
Barkiey. has been discharging the duties of
Territorial Treasurer since 1857 without le-
gal right to the Office but being. in posses
sion of the office and performing the duties
appertaining thereto, he has been by the
courts and the public recognized. as the
Treasurer--as the lawyers say, ~ .facto
Treasurer. In 1869 be executed bond to the
Territory as required Of such office, of which
1t appears thelaW makes the Secretary Of the
Territory the custodian, investing him with
power at any time when IN his Judgment the
public interests shall require it to demand Of
the Treasurer additional sureties upon his
bond, and may increase the amount Of the
bond at his discretion. From the facts as
furnished me by a constant attendant upon
Conrt during the trial, it would seem that
some time in May last the Secretary In the
exercise Of the powers conferred upon him
by law, finding that the bond OF Mr.. Barkley
was Insufficient, both as to. the streties and
the amount thereof, requested OF Mr., Bark
ley that he renew his bond in the sum OF
forty thousand dollars; that the bond then
on file was insufficient to protect the public
interests. This Mr.. Barkley promised to do.
and obtained from the Secretary several ex-
tensions Of time within which to comply
with his request until more than six weeks
had elapsed. On or aboua the 18th day OF
July following. Mr. Barley having failedto
renew his official bond, the Secretary mott
fed the Governor that the Office had become
vacant b. operation of law. Whereupon the
Governor appointed e. O. Hickman to fulfill
the duties Of the office. Mr.. Barley refused
to deliver up the books, ETC.. belonging to the
office to his successor, and persisted in hold
ing himself out to the public as the proper
officer The result Of this state of affairs was
that at the expiration of the fiscal quarter,
ending about August 1st, the several County
Treaslrers whose duty it is to pay quarterly
Territorial funds into the hands of the Terri
torial Treasurer, refused to pay to either Of
the claimants to the position; the effect being
that holders Of warrants and other evidences
Of Indebtedness knew not TO whom to go for
registration or payment. The credit OF the
Territory was threatened with disaster at
home and abroad, the financial department
OF the Territory was inactive; hi fact, al
most suspended. At this stage Of affairs, by
some sort Of proceeding at law. with which
your correspondent is unacqnain5ed, one q
the County Treasures instituted an action il
the District Court at this place BY which both
Barley and Hickman were required to come
into court and contest their respective rights
to the Office of Treasurer. Judge Wade, al
the request of Judge Murphy, sat and tried
the case. Fl. e. Warren, hsq., appeared al
attorney for Mr.. Barley, and samue
Word, ESQ, assisted by IL. N. Blake, ap
peared for Mr.. Hickman. The contest was !
warm one, Mr. Barley contesting every incl
Of ground the tactics Of his attorney reveal
ing the tact that he was fighting more fol
fine and delay Of The case than anything
else. Every issue he raised, however, was
ably and successfully metby Mr.. Hickman's
attorneys Yesterday the decision in th'
case was delivered By Chief Justice Wade
and which is published IN the Montanian 3
this week.
1t il the opinion Of the legal fraternity her
that this opinion of Judge Wade is On abls
one, supported by the law applicable TO TIL
case and founded OIL equity and Justice.
I,e fsnnisirr, flaf.,areS flat the office became