The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-18
DEFALCATIONS

themselves. 1t is, however, bell wed that
prices cannot go much lower.
DEFALCATIONs.
The whole country is kept in a state OF
continual agitation by the successive an
nouncements of astounding defalcatiQns
perpetrated by persons holding responsible
tiduciary positions, and populations by
public officers. The systems OF checks time
and again devised to guard against and
prevent the unauthorized appropriation OF
moneys and other valuables, which ls a po-
lite term for wholesale robbery, by men
holding Offices of public or private trusts,
seem to be utterly ineffectualin accomplish
ing the objects they were designed Tor.
Every precaution which human wisdom
and experience have suggested is rlgldly
enforced in ~endeavoring to prevent detalca-
lions by trustees, appointed by will or by
the courts in this Territory, but there isno
means to prevent public officers from OBJ
bling the people. The laws in both cases
are az strict and inflict penalties as severe
az any that could possibly be framed.
Sections 70 to 81 inclusive Of the criminal
laws OF Montana, Revised Statutes 1879,
provide that any person in the employ OF
the Territory, a county or a corporate
body, meaning cities, who shall embezzle
or steal any moneys, chattels, books,
bonds, notes or other security oil whatever
description, being the property CT said Ter
ritory, county or corporate body, on con-
viction thereof shall be punished by i'm
prisonment in the Territorial prison IRON
one to ten years. Any officer entrusted to
collect or disburse or keep moneys Tor the
Territory, schools, canals, ~turnpikes, or
railroads, county, public roads, or other
public purposes, is liable to an imprison-
ment of from two to five years, and be for
ever disqualified from holding any office OF
honor, trust or profit in the Territory.
Any such officer who shall refuse to pay
upon order any public moneys in his hands,
or who shall refuse to disburse such moneys
promptly according to law, and any person
advising such action, is liable to from two
to ten years imprisonment and to a heavy
Sections "a and IS of the same laws
apply to clerks and other hired persons,
and to bailees (trustees), and impose Sc
we're penalties OF fines and imprisonment
for the embezzlement OF property entrusted
to them.
Trustees appointed by the courts or by
viii! are required to enter security, with
good and sufficient bondsmen, in double
the amount Of the property entrusted to
them. This is some protection to the parties
for whom the property is held by trustees,
yet it frequently happens that they prove
defaulters and are compelled to undergo
long terms Of imprisonment, or become fu-
gitives from justice. II their securities are
solvent the rights OF the cetesque trusts are
protected, but it too often happens that
they are worthless, in which event there is
no redress and the property is lost. Public
officers are likewise required SO give bonds
for the faithful performance OF their duties,
and the safe custody and disbursement OF
the funds entrusted to them; but the penal
sum prescribed in their bonds, is, nine times
out Of ten, utterly disproportionate to the
amount OF money entrusted to them, or
passing through their hands.
The wholesal erobbery OF Custer county by
it's officials a few years ago, and the embez.
elements in ChOteau county more recently,
the revelations made by the grand jury in
Gallatin county a few weeks since, the
charges Of peculation and corruption con-
nected with the new court house building
at Helena, and the charge against the for
mer treasurer OF Lewis and Clarke county,
together with rumors ofcrookedness among
other county officials, all go to show gross
~criminality. The bonds in all these cases
are insufficient to indemnify the people for
the rascality OF their public servants. All
the counties are run by political rings, rep
r~esenting the party in the majority. These
nominate and their followers blindlv vote
for the candidates placed before them; hence
it is no uncommon thing to re-elect the same
mar to office for a long term of years. The
two principal officers, elected by the same
influences, are, according to the theory o fthe
laws, supposed to be checks, the one upon
the other, and these together are again sup
posed to be strictly supervised by the coun-
ty commissioners but, sad to relate, in all
cases where delinquencies have been dis
covered, it clearly appears that all these
have been criminalIy derelict in the perform
ance of their duties.
In the older communities it rarely occurs
that those holding responsible 1iduciary
positions are ELECTED to office. This seems
to be the better plan, because the people
800 l. IL -.---D
after he has served a single term; besides
that he is not liable to steal so much the
first as he would if elected for a second
term, because it takes some considerable
time Tor such to learn how to pilfer system.
atically without exciting suspicion. This is
not all, for experience proves that all pub
lie officers, charged with embezzlement,
have moved with the utmost caution, and
stole very small amounts at first, but to-
wards the end OF their terms. being embold.
eded because they had not been detected,
were reckless in their pilferings. 1t natur-
ally follows then that a defaulter, who has
not been detected during his first term. if
reelected, will plunge deeper and dee, ,er in
to the peoples pockets, and so continue
until his conduct becomes exposed. because
OF his inability to cover up his tracks any
longer.
Two very sad cases OF defalcation and
peculation have occurred in our city during
the present week. These are sad not be-
canse Of the crimes committed, SO much as
for the desperate methods resorted to by
the guilty ones, in order to hide their shame
and remorse. One of them ended his life by
taking an overdose ofmorphine, andt he 9TH
er fingers in the agonies ofdeath, caused by.a
ball discharged in his body by his own hand
with suicidal intent. These men both en-
joyed the confidence OF the community and
were endeared to the hearts of all who
knew them. There is therefore every rea.
son to believe that had these unfortunate
ones been held in restraint, by efficient safe
guards against peculation, or by the exer-
else of proper vigilance on the part of those
in whose employ they were, they would
have led honorable, upright lives, and their
relatives and friends would have been
spared the sorrow and bereavement that
has fallen upOn them,