The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-09
REBUKE FROM THE BENCH
Judge Hunt Makes Some Remarks
on the Duties Of Public
Administrators.
Forest w. Ellis Pleads Guilty to
One Indictment and. u
Fined $50.
In the Opinion nf ths Court tho LsRIslA-
ture Would Do Well to Abolish
the Oilce.

In the Opinion nj tho Ccnrt tho LoRislh-
ture Would DO Well to Abolish
this Office.
Public Administrator Forrest w. Ellis
came to the bar Of Judge Hunts depart
mont Of the district court yesterday to
plead to thrss indictments found against
him by ths grand jury. EiliAplssded guilty
to the first indictment, which charged him
with neslecting and refusing to deposit with
ths county treasurer Monsy belonging to
the estate Of r. G. More. Judge Hunt dned
Ellis $50 and assssssd him the costs Of the
cnss. $39. Az the request Of the county
attorney the ether indictments were mol
prosssd. One of these indictments charged
neglect to make 4 Eami-annual return to
the Judge of the district court on the estate
of John j. diseI. The other charged failure
to make returns to tho county clerk relative
to trust funds in his hands belonging to the
estates of Peter Lin Belle, August Hellings-
gott, Hugh A. Boyle. Emery Bean, John j.
Gisel, Magnolia Richards and Hector s.
Horton.
In passing sentence upon Ellis the court
stated to him that he was the ssoond public
adm1nistrator who had been indicted for
technical violations Of the law in relation
to tbs duties Of such officials. and ii was to
BE- regretted that the lesson learned by tho
first indictment lad not been OF profit to
him. ''But,' said the court, 1T is plain to
my mind that the grand Jury meant these
indictments which they have preferred
against you to DO rather a lesson for Your
7.a.oGt Aul f.r &k.aa SyHn roow Gil ~rrr
Office az your SUCCESSORS, than to be the
means OF securing Your in ~prisonment or
n snt from you Of n excessive 6ne. In
an active experience some years since as a
district attorney Ter four large counties Of
the territory, it oamo to nay knowledge that
throughout nearly every county there
was loss system and care by pub
lie administrators than by any other
county officials. Indeed, I am strongly in
clined to beliavs that the Legislature would
do well to abolish the office entirely, and
authorize admlnists atera in all cases to
bo appointed BY the court. There seems to
be . weakness In a large part OF humanity
which does not regard the getting tins bet
ter Of the governments or of the dead as
very Esrious-I do not mean to say that you
have, in an ofensius sense, robbed any
dssd mans estate; on the contrary the
grand jury clenrly exoneEate you Of any
crime by way Of Misrepresentation or lar
ceny Of any funds; but your fees are COM
planned Of as excessive. The reports that
YOU have filed have besn approved By the
court, and doubtless soma Of them, at least
bear my signature Of approval ~ judge.
/ say to you that wherever they do bear my
approval it was given without any knowl-
edge Of any demand on your pat for ex-
tortionate fees. whether the same we're to
be kept by yourself Or to BE- paid to Y
sci.
I'm. the overwhelming amount Of work
which devolved upon this court until last
year, when an associate judge was provided
for by an act of the legislature, it was abso-
lutely necessary that the officials of the
court, and you and all attorneys aHe in
cluaed as officers, should be trusted i'm
%plicitiy. and when you by your counsel. filed
a report it was often signed by me M q pro
forma matter, as I took it for granted that
neither you nor counsel would abuse tbs
law or the discretion vested in you. Had l
known of any abuses l never would have
signed a single one. Where a reputable
lawyer like MIR. Craven hands \ paper to
the judge for his signature the judge must
assume that that paper. in this absence of
opposition to it's contents, il honestly and
right and discreet. 1t tho judge did not so
presume, judgments which are signed here
every day might be altered and very grave
rights seriously embarrassed.
II know nothing of the Gpeoifie nature Of
the charges of tho grand jury. Bat il, in
the Max Behrens estate, Won did take OK
cessive fees without rendering services
which entitled you to them, you are in
honor bound, in all equity and good oon-
s%ciencs, to refund that money to that estate
ns promptly as though you were com
manded to do SO by n solemn mandate Of
court. Tn court has not power to order
any reimbursement, and l caa only ap-
peal to you now to do what your own con-
science tolls you ia right. If. on the other
should pursue a different course.
1.-The modification you must feel by con-
Tossing Yourself guilty OF crime on the
records OF onr court will be serious to you,
and of itself a heavy punishment. My ad-
vice to you is to be very careful in the
future conduct of your Office nd scrupu-
lous in claiming only thoss fees which the
law and good conscience tell you you should
charge and be allowed. The fine will be
fixed at $780,
A.. j. Craven heie stated that he desired
at some future time to make an explana-
ton to the court. rs he had been the attor-
ney for the public administrator in the
matter of soms of the estates of which he
had charge; and that he wished to make
this explanation in justice to his firm, as
the professional conduct of the firm, of
which he ID a member. was imrugne cd by
the i%nnuendoes of the grand jury.
Judge Hunt stated that he would be very
glad to hear such explanation on any
motion day of the court.