The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-03-02
CUSTER COUNTY CORRUPTION.


4
,util the Custer county commissioners within
he past few weeks have been 80 charged.
to the Auditors report the debt OF
Custer county March /, 1882, was $73 ,532l9,
being an increase Of $29,5so.43 during the
rear. Since that there has been no ETHICAL
exhibit aud 1t Is alleged the accounts are In
,uch condition that it Is almost impossible TO
ascertain what the debt Is. Recently COM
nittce Of citizens, began an investigation OF
.he county finances and petition signed by
some twenty five Of the most prominent citi-
zens has been forw arded to Governor Crosby
asking him TO declare the Office Of James b.
Hubbell, commissioner, vacant, and setting
forth the following charges, supported by
afidsvits:
Fiut-Owing 10 the fact that said uubbell
is continually in st. Paul, and one OF the
other Observation-Disclosures continually
there with him, no meeting has been held oy
the commissioners Of this county TO levy any
have been levied.
Second-At the meeting of citizens of this
place, held yesterday, 8 committee was ap-
pointed to look into the fraud and extrava-
eance which II was reported on every hand |
was being perpetrated by the commissioners |
of this country, and by that committee II
was found that county warrants TO the num-
Der of about fifty had been signed in blank
NV said Hubbell as chairman OF the county
board and left with their clerk TO be filled.
with what amount no one knows.
Tbird-Besides the clerk of said board Is
going on, as he claims, under verbal instruc-
lions of said Hubbell and another OF the
beard to build vast number OF utterly use.
less and worthless bridges out OF cottonwood
lumber purchased from said Hubbeli, the
hill, of which he may be relied uponto audit
ana allow when 1t suits his convenience 10
come up from St. Paul for that purpose.
Fourth-They have issued orders on the
county treasurer in large sums TO them.
selves. On one occasion, at q special meet
ing the past year, when Hubbell and Briggs
alone were present, an order was, on motion
Of Hubbell, issued to Briggs to the amount
of 81 500 for the avowed object Of purchasing
furniture for our new court house. At an
other time this same Briggs had another Or
der issued to him for 81 200 for the same
purpose. Nothing has been heard from
either warrants or furniture since that time.
The other commissioner has had warrants
issued TO him In large amounts.
But without going further into details, We
state our belief that condition OF things ex-
lists with the county commissioners win
James b. Hubbell ut their head when is
without parallel anywhere. The result.
will be, II 1t cannot be arrested, bankrupt
and ruined county.
We believe, ana In making these repre-
sentstions TO you arc acting upon the belief
that In any case nonresident person hold
ing an Office in this county, the duty devolve'
upon the Executive to declare such ofhc'
vacant.
Governor Crosby having submitted tn
matter TO the Attorney General inclosed hi
reply with the following communication u
the council:
TERRITORY OF MONTANA,
EXECUTIVE DEPARTMENT,
FEBRUARY, %, 1883.
TO the Council and House Of Representatives
GENTLEMEN: Since my last message, Gil
cumstances Of such gravity have arisen as u
: require In my opinion your special consider
alton. On the god of this month complaint
, were made to me Of official corruption an
| neglect OF duty on the part Of the Board {
County Commissioners Of Custer county.
0 was represented to me that one Cor two) {
Q the members of the Board were not resident
n of Montana, and that the plainest duties wer
|. neglected, and was solicited by larI
body of citizens to remove the delinquent
y n, order to protect the county from inexcus,
K Bile extravagancs and even shameless plur
o der. The evidence as presented to me
q the Deputy Sheriff of the county Is herewit
submitted. On this appeal, So strongly TO
y tilted by respectable names as TO excite "a
!. grave solicitude for the taxpayers and OF
60 ID name as q Territory, consulted th
l. Attorney General as to the power Of the vi
n ecntiye 10 remove county Office .vf gray
n mslfeasance. and W.. ADVISED by him, In I'll
Ie;ts- ne, s..dh submitted, that no such ~
tn, ,rtty Is vested In the Executive by th
y laws Of this Territory.
Il Inasmuch As 1t Is made the duty OF u
|. Executive to see that the laws are obeyc
the necessity of some correlative pow
- seems to need no pressing.
ASH we'll know that your desire that
o officials should do their duty is not surpasse
!. by my own, 1 believe you will not be Wilt
TO adjourn your session without providir
VI some remedy for gross malfeasance or ne
n lect by county officers. The power OF su
. pension or removal for just cause should
m lodged where 1t can be effectively, prompt
and honestly used for the public welfare, },
cspendently Of personal, sectional, or poll
icsl consideration. very respectfully lea
the matter In your hands, but ask with
y small solicitude for your immediate ac:lt
,. to supply what think IL An unusual om
Q, sion In State or Territorial legislation. 81
:. very respectfully, your obedient servant,
JoHN SCHUYLER CROSBY,
10 Governor.
In the charges made 1t Is asserted th
James B. Hubbell sis continually In Sal
J, Paul." and that Briggs, another csmmissio
- or, dis continually there with him."
y Section 554 Of the General Laws Of Mo
u tana provides that severy Office shall beech
:. vacant on the happening Of any Of the .
~ lowing events before the expiration Of
- term of such Office: First, ceasing TO be
~ inhabitant of the Territory, county, or TOW
&c ship for which he shall have bean elected
~ appointed, or within which the duties of
- Office are to be discharged"
u An "iuhabitant" is defined by Webster
70. be some who dwells or resides permanen
90 in place, or who has: q fixed residence,
Nv distinguished from an occasional ledger
We visitor. In law: one who has legal sell
20 ment In town, city, or parish; resider
No Now II Mr.. Hubbell "is continually In
CO. Pauln his Office Is theoretically vacated. br
nc seems to require some designated author
,n' to declare such vacancy where party
INC Mr.. Hubbell desires to hold on to his Of
ny aud, In addition to this, Governor Gro
'eh suggests that the power Of suspension or
movsl for just cause be lodged where II
ha. be promptly and effectively exercised.
let case the Office Of county commissioner
ion comes vacant section 937 General Law
.nts Montana provides such vacancy shall
on fillsd>for the unexplred term by appointu
In, Of the Probate Judge.
alta. II such state Of affairs IS Is alleged e,
cry In Custer county, Messs. Hubbell
au, Briggs cannot be fired out Of Office and
and court too quick. It Is incomprehensible
Ious with such practices taking place. an inj
sred ton restraining them has not been b
En- this sued out and the thrifty commissio
per- brought TO halt. As . matter Of tact,
sent ever, the powers vested In county com
and sioners by our laws are too unlimited,
cred their responsibility too elusive. Good
70 IL missioners will not take advantage Of
ems. but laws are made to restrain bad men.
per- expose of Custer county Affairs 10 opport
orse and although but few days Of the 81