St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-03-25
The County Treasurer and
Clerk of Courts Held s
Liable
To Be Called Upon to Make
Good the Def
cheney.
Trial OF Kate Davis for Kill
ing of Blackstone
Opened.
Prof. Fiske Gives an Interest
ing Lecture on Andrew
Jackson.

The long expected decision by Judge
Otis in the noted forged jury certificate
matter was filed yesterday. This is the
case of The Board OF County Commits
sioners against Jay p. Davis ct al.
Judge Otis in this case orders judgment
against Jay P. Davis and r. L. O'Con-
nor for S24 ,572-50. the total amount OF
forged jury certificates. This will, as a
matter of course, he reduced by the
amount recovered from Davis the night
of his arrest, which lacks very little
now, with accrued interest, of being $40,
O00..
AThe decision recites the fact that
thirty of the certificates were made out
in the names of jurors who had been
summoned, but were excused without
serving any time. One certificate was
issued in the name of Julius c. Byers.
who had served and previously drawn
his pay. The others, several hundred
in number, were made out in the name
of fictitious persons The forgeries be-
gan in 1887. In that year they amount
ed to S767, in 1888 to $7.30S.50, in 1889 to
IS, SIG, in 1890 to 1851. The court finds
that the populations by Davis amounted
to s. more than
Alleged In the Com piainf.
Judge Otis prepared an exhaustive
opinion, which was filed with the de-
ciSion, in which he says that the draw
ing of the jury certificates was in the
line of duty performed by Davis as
deputy. The wrongful drawing set in
motion the machinery for fraudulently
fhe nf tho nnIlntW
They were so drawn as to have the. APP
pearance of being genuine, and the
auditor, in stamping them with his GER
tificate of allowance seemed to warrant
the treasurer to pay them, in the belief
that they were genuine, duly issued to
the persons honestly entitled there
to. 1t is true that the treasurer
was not justified in honoring the
certificates so converted into warrants
and paying them without satisfying
himself that the persons presenting
them were the persons named therein
or having legal title to them. Since the
certificates were apparently genuine,
the treasurer was more easily deceived
into emitting the further precaution
which the law imposed. Such negll-
gence of the treasurer WAS not only
what might be anticipated. but was pre-
eisely the thing sought for in what pre-
coded. While the treasurer isnot re-
iieyed from liability. still this does not
relieve the clerk. The county may re-
quire the treasurer TO respond for money
paid out without authority OF law, and
his "a.
Good Faith rs No Defense.
The county may also require the clerk
to respond in damages for the frandu-
lent acts of his deputy in drawing Ger
tificates, whereby the machinery was
set in motion. Without the acts OF the
deputy in the apparent line OF his duty
the money would not have been. paid
out The treasurer may be madeEto
make restitution for his negligence9
The clerk. as well, may be compelled to
respond for the wrongful acts of his
deputy. The clerk is none the less LA
bic because the treasurer's cashier was
Negligent and not guilty. The clerk
must bear the burden of his deputy'S
wrong doing, committed within the ap-
parent scope of his authority, the same
as if the clerk himself had been tho
wrong doer.
Assistant County Attorney Butler said
yesterday: ''Tne effect of the decision
is thai Davis. .O'Connor, Nelson and
REM are iiable-DaviS and 3OConnOr
for the full amount, REM for the amount
forged by Davis during his term of
office, and Nelson for the amount wrong
fully secured by Davis during his ad-.
ministration. The two former decisions
against REM and Nelson held them
liable. This decision holds Davis and
O'Connor liable"
The two former cases have gone to the
supreme court and Mr.. OConnOr said
yesterday that he will take this case to
the supreme court.