The Superior times. [volume] (Superior, Wis.) 1870-1912, 1892-01-23
Judge NeIynsan's Decision.
Milwaukee Sentin'

Milwaukee Sentinel.
The opinion Of Judge Newman in
the suits by the state to recover inter
est on deposits of state funds i'll banks
received by state treasurers and kept
Iy them was received yesterday and is
published in the present number of
the Sentinel
Judge Newman S decision is in favor
Of the state, and that such moneys de-
tanned by tie treasurers must be re
funded with interest from the time 1T
should have been paid to their success
sors. The Kentucky case published
some time since, where a public officer,
entrusted with public funds, who had
kept for his own public use the in
lerest received on the same, and was
held by the Kentucky court of appeals
10 be entitled to them. Judge Newman
says is not an ambiguous case Tor the
reason that no law designated any
place where the officer should keep the
money committed to him, The law of
this state. until recently changed. di-
rected that the funds of the state
should be kept in the vaults of the
treasury 1t was violation of the
law when the state treasurer deposited
state funds elsewhere than in the
vaults of the treasury. To permit BIN
TO profit by so doing, Judge Newman
hn tn
the legal maxim that mo man shall
profit by his own wrong On tn con
trary the state is the party which shall
profit by the illegal acts of its officials.
The decision in this case may be llw
but under all circumstances, it hardly
seems like justice. The treasurers
against whom suits are pending found
the system of depositing state funds in
banks, with the interest going to the
personal benefit of the treasurer al
ready in existence 1t dated back to
the beginning of the state govern
ment. 1t was generally known. The
state tolerated it. 1t was Il matter of
public convenience that the funds
should be kept in the banks. If they
We're kept in the vaults of the treasury
mo interest was derived from them
either by the state or treasurer. Ii
the treasurerS had strictly followed
Judge Newman's construction of the
law there would have been no interest.
i.,I, If nf hn II I
WAS, was generally known and tolerat
sed by the state Though the subject
was brought officially to the notice of
the legislature session after session
passed without any attempt to inter
fere with It, The state has not lost Il
cent which it would have had if the
funds had been kept strictly in the
vaults of the treasury.
To tie layman's mind il seems as
if the legal maxim quoted does not
exactly apply i'll this case If the
treasurers were guilty of wrong Ill
deposiiing funds outside the vaults of
the treasury, the state WAS wrong III
tolerating the practice for about 40
wears, and then calling upon men to
refund moneys which they received
years ago apparently with the assent
of the state. and moneys which the
state would not have received if the
funds had been kent in the treasury.
To a llyman it looks as if, in this case,
if there was wrong upon one side
there was wrong on the other, and
that strict and equitable appi. cation
of the legal maxim quoted would re-
quire that these moneys. if they are to
he collected from the eX-treasurers,
should go to some charitable purpose
III which the state has no direct pecu
mary interest, as for instance. the
Russian famine fund.
The suits VIII now go tothe supreme
court for their final adjudication