Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-09-22
WHAT N0MLAND SAYS,
Attorney General standish Speaks OF
the Mandamus Proceedings
and the Treasurer,
Why Mr.. Nomland Wants the Law
Tested and His Propositions
in the Matter.
Policy of the Board of Auditors in
the Matter of Distributing
the State Funds.
State Depository Matters.

State Depository Matters.
just at this time, after the state board
of auditors have designated certain
banks as repositories for state moneys,
under the law passed at the last session
of the legislature, there is considerable
interest manifested AT out the state in
the action of the state treasurer in re-
fusing to comply with the instructions
of the board to deliver moneys to banks
so designated. In some cases it is evil
dent that the matter is not fully under
stood, and Attorney General Standish
was seen Friday in regard to the matter
aud the mandamus suit which has been
begun:
SIN answer to your request for a state
ment about state deposits under the new
law said Mr.. Standish, II will say that
a suit to settle the construction and
legality of the law was started yesterday
in the district court, with the under
standing that the state treasurer shall
file his answer some time next week,
when the matter will receive a formal
decision in the district court so as to get
the matter before the supreme court
which I'VE at Grand Forks, Octo-
Der 3lst.
"The treasurer stated to me some time
ago that he had always been in favor of
a law that would throw less RESPONSE
bility on the county and state t%reasurers
and enable the counties and the state
to have all the money in active circula-
ton among the people and the state and
counties derive the deposit interest, and
he wanted this law passed and now
hopes the court will hold it valid, but
he is informed that some questionable
methods, or omissions in what is neces-
sary for legal legislation occurred in the
passage of this law, and that the pro-
visions of this law, and another law
passed by our last legislature defining
the duties of the state treasurer are con-
ficting, and that this act is indefinite as
he thinks about requiring the state de-
post banks to honor his check, and he
thinks it is best for the interests of the
state, himself and his own bondsmen to
have all these matters settled now
that if the validity of the law is main
tanned he will gladly turn over the money
as directed by the state board of au-
ditors with 4 per cent. interest on it
from the day we fled our order with
him requiring this to be done. He says
if this course is not taken now the
bondsmen for the various state banks,
given by them to obtain the deposit,
would in case of a failure of any of those
state banks raise the same point, and if
this state deposit law should then be
held void, that would render our order
void and might throw the whole liability
back on him and his bondsmen; but if
a decision is rendered now every person
will know where they stand and there
will be no possibility for litigation on
any of these points hereafter.
"While on this point 1 will further
say that the requirement made by the
board of auditors that the bondsmen of
the banks applying for deposits should
schedule, setting out a legal description
, of their lands, values and membranes,
and a statement of what their personal
property consists of and values, and the
total amount of their personal indebted
ness, was complied with, and these state
ments made under oath show the bonds
men of some of these banks to be worth
over 100000, that is the men on the
bond are worth this sum, and the most
of their property entirely clear, although
the highest deposit any bank gets is
1925, 900, and some bonds are shown to be
this good where the deposit is only slO,-
600. We have distributed the deposits
in every section of the state, making
them a little larger where the state in
situations are, to better meet the con-
venience of those who will be drawing
salaries from the state.
No Minister Yet.
Tho local Prasnvterian cIurch has