Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-06-05
RUTAN GOT THE MONEY,
AND ACCOUNTED FOR IT TO Ex-sTATE
TREASURER BOYER.

That's How the Ex-senator Knows He Has
Good Grounds for His Suit-Detective
Anderson on the Way to Pittsburg With
Subpenaes-Law In the Case.
HARRISBURG, June 4-[Speeial DE
tective Anderson left here early this morn
ing with the subpenaes for ex-senator Rutan
and his witnesses in the ex-Senator's suit
against ex-State Treasurer Boyer for re-
ceiving interest on State deposits while
State Treasurer. A hearing will be held
before magistrate June 16.
The suit, supplemented by Rutan's threat
that he has 'only begun" has created quite
a stir on the chill. Republican oficeholders
and politicians are specializing as to who
will be the next to come here and answer
Rutan's charges State Treasurer Morri-
son, who is charged by Rutan with serious
offenses committed by him while Chief Clerk
of the House, is at his home at Wayne,
whittier he went yesterday. He will likely
return here Monday or Tuesday, as an i'm
portant meeting of the Board of Buildings
and Roads will be held then.
Col A. j. Herr, counsel for Rutan, said
this evening that the charges made against
Boyer are based upon personal knowledge
of Rutan, corroborated by outside evidence.
The corroborative evidence consists of
the acts of the officers of the different banks
in which the public moneys were deposited
under contract and agreement with Boyer
made through Mr.. Rutan himself with the
banks, to pay for said deposits large
amount of money. "Mr Rutan has no
hesitation," continued Colonel Herr, Gin
admitting that he himself received money
from the banks and accounted to Mr. Boyer
for it"
The question of proceeding against Mr.
Boyer and other men of political power in
the State for conspiracy to violate the act
of Assembly which makes i misdemeanor
for the State Treasurer to make such q con-
tract, is now under advisement, with strong
probabilities that such proceedings will be
brought in the near future.
The Pittsburg attorneys are not entirely
clear on the law under which Senator
Rutan contemplates operating in his suit
against Mr.. Boyer. It is supposed, how
ever that section 16 of the act OF May 9,
1874, applies. The law reads:
The neglect OF refusal on the part Of the
State Treasurer to perform the duties in this
act enjoined upon him, or the withdrawal by
him of any Of the moneys of the State de-
posted for the payment of the public debt,
or the interest thereon, or of any moneys ap-
plicable to the payment of the current ex-
penses of the Government without due war
rant of law, or the appropriation of any in
terest funds which may be received upon
the loans of moneys in the State treasury
shall be misdemeanor in Office.
Upon the above act Attorney General
Hensel based his suit against Mr.. Boyer
when the extra session OF the Senate was
called to impeach that official. During the
extra session of the Senate Mr..
Boyer's attorneys contended that he could
not be impeached without a trial
in court. They contended that the prose-
cution had good case in court, but had no
case in the Senate. 1t is understood that
Senator Rutan now proposes taking advan-
tage of Mr.. Boyer's defense in the proposed
prosecution.