Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-01-24
The Bold MutilatOr Of Public Records
Falls Into the Soup Prepared
by Himself.
Held to Await the Action of the
Grand Jury he Refuses
Bail,
And Is Committed so That he May
Learn Some Respect for
the Law.
The Petty Tyrant In the Tolls.
From Fridays Daily.

facts in the case was surprised yesterday
when Judge Hare held Commissioner
uealy to await the action of the grand jury
on the charge Of muti!ating the public
records.
The case has been thoroughly discussed
in the columns of the TRIBUNE and details
are not now necessary.
The public knows that through spite and
malice against a newspaper and certain
gentlemen who would not recognize him
as a man worthy of the confidence of the
public, mutilated the public records to de-
fraud; arrogated to himself the power of
the majority; outraged the fundamental
| principles Of government and did that
| which stamped him rs a desperate politi-
! cal adyenturcr and an unworthy represent
tative of the people.
The following decision of Judge Hare is
! the most elnquent-becauSe the most
pointed-stalcment of the case that can be
made:
Motion by defendants attorneys that the
complaint be dismissed and the defendant
discharged, for the reason that the proof
fails 10 show that there has been a public
Oifense committed.
The facts are, as shown by the proof
presented bv the state. that on the Sd dav
IF January 1SuO ;, moinr;tv of tho hoar1
IF cnuntv cummissinmrrs allowed and NV.
dercu paid a bill to the Bismarck TRIBUNE
company, for printing and stationery, for
the amount of S94 Is, and thereafter at a
meeting of the said board, tie minutes and
I'd dav of January. 1890, in Which said iii
of thr bismarck TRIrITvE com,,anv was
nilnw.d AMI ,,,ss.d Nv thn said Maid fnr
$s4| 20, was read ana approved by sad
board.
II also appears in evidt nee that the said
bill of the Bismarck V'RIHISE cOmnany-
was not apnrOvpd or signed bv the chair,
m ~ ord th.t, ha dorfr ."T
nn d" ~ a" d"n ,,ia. a, ,,J u',rS ,,"t ~, d ~ ins', W.
la,,' tUl t,,e p,,i II! 'nH ii.ar''S OF .he
for. throuuh his drnntv draw a
u..rront fr,n, +Io k,,I- ~ +,o
""il"ho il"nn NV o'oh h'o"H D tiio
cCunts "ailaiI ponh-allun On lie ON uay
Oh January, lo'O, between ~ oc!ock ana
noon OF said day, the defendant, Anderson
Iealy, signed the said warrant tope1hpr
| with HIl Of the warrants drawn nv thp
auditor. and then went ont Of the officn
| About twenty minutes thereacte the de-.
PENDANT returned to the auditors Office and
| asked for the county warrant hook. lie
was asked what he wanted with the hook,
Tha defendant said that he wantad to virn
| the balance Of the warrants. NE auditnr
told him that ne had signed all of the
| warrants. The defendant claimed that he,
had not. and the hook was handed tn
him Anlnrvon JInoIv ,ho dnf,,J.nt w,,n
ILL., hiuoioon iao"'s. .iio u"iollua,C' WIZ
eiastu ms name from Ifle stlu county war
t"r' y! 'me D,sLla!ch hlioN conipahy-
\ ID 5g1u
@.otirm = a,e of tbo no,,l oo,,, c,rc.
H'''t"n o,ofoo VI 'ilo Peiiai couV says.
Every :lcrks register or.otner ofncer; having
tne CUSTODY or any record, map or Door or OF
sa a. pnpet - procte!lns :! any coulI OF justice.
nleu OF aeposlt"a "a any pupilc once, VINO Is
Euil,S OF stoallhg, "illluliy des.roSlhg or multi
aunS' dctaclnS, altering or falsltying,o or traudu-
b en5kks p pein1v or 1r ur eeGig.,hg r. sv Who SG nenm; IL m any
person so to do, is punishable by Imprisonment
in the territorial prison, not exceeding five years,
and IN addition thereto torfelts his office.
''
livery person not an of1lcer, such as IS men;
t these a CT IN" sp tsif sSr IN THAT Es s%es t. guiii is yp1 on sRs Ie
by lmpr Isonment in the ter itorial prison not e4-
Geeains hve years. or IN a county Jaii. not exceed Go
BY both such fine and lmp!is' nment.
Inc question is:
First. Is the book which contains this
| of the Office of he cnnniv auditor and # Co
was thn warrant 90 SiioH ,,ut wv t th.u M
tn:. and c; % hv ~ thn ny on, ~ ny oio "uui,
t"l anu oisheu ny Ihe chaliiDah,a county
warrant.
section SOB OF the political code, SAYS:
All warrants nnon tho conntv +rooo,ru sb.u ho
;ssnad mon fha nrd ar - : y hoand on nnnn pe
com m;ssionars s;onaG NV tho . ch Diu tE o =
and attaatnd b~ the a;nnotrr Wv of tha annn+u eie .
with the county seal attached, and shall designate
the fund upon which they are drawn.
Section 53S avs:
"They" (meanipg the board of comfy com.
missione.s shall keep a book for the entry Of wan:
rams on the county treasurer showing humber
date, amount and name of the drawer of each
warrant drawn on the treasury, which may be
knoTn as the warrant book, ana the warrants
c;sion 10 aIiow;ny tha ~ am relarn4n ~ % w me Hr thn anu a9 e
drawn. NV '"o 0oi''o *
Sao,io, s5o s.vs.
Hoor,on . says .
IN al connties wners t5e once OF county audi
s 90 the co an Rre shnii ha oy pe siis afv, no ctaim
unon The %aliowanc Of The ca n omn;as;on unn,
upon the warrant of the chairman of the board
attested by the county auditor, except 1t is
authorized to be fixed by some other person o!
trlounal, IN which case the sum ehall be paid
POL rn e,v T?Gfat " = t the county auoltoi, upon the
lowing the same. Proppided. That n" mnb11;c
money shall be dlsbursed by the county commls'
sloners or any or them' but the same shall be
dlsDursed by the county treasurer upon the war'
rant OF the chairman OF the board of county
commissioners attested by the county auditor,
specifying the name OF the party entitled to the
snce # not Hf fne d'b6 v iaw, a and al snch %n nUSers st 10Y
be progressively Numbered. and tie number
date and amount Of each, and the name of the
person to whom payable and the purpose fol-