The herald., 1893-08-22
SHORB'S BONDSMEN MUST ante
The County Sues to Recover Its
Missing Money.
Another Result Of the Failure Of the
City Bank.
The Suit Brought Yesterdsy-Treasuro
shorb In the East Undor Medical
Treatmeut-The Terms OF
the Complaint.

Inc suit against ). de BRrth ShorD,
county treasurer, and his bondsmen,
materialized yesterday. 1t is suit to
recover judgment for the amount OF the
county funds in the City bank. and was
sworn to by Chairman J. w. Cook, OF
the board Of supervisors.
Mr.. Shorb has been in Philadelphia
for the past two months under medical
treatment. and it is not known just how
soon he will return home. During his
absence the Office has been in charge OF
J. M. Tiernan, deputy county treasurer.
A HERALD reporter saw Mr.. Tiernan
yesterday afternoon after the filing Of
the complaint, and while he had moth
ing much to say about the matter, he
did say that the county would not lose
anything by the failure of the City
bank.
1t Is very probable that the suit be-
gun yesterday will be followed by others
brought by the boAdsmen of Treasurer
Shorb to secure themselves against loss
if possible. Tho sureties upon the
undertaking OF Mr.. Le Grande Belts,
who acted % deputy county treasurer in
the City bank in connection with the
county deposit, will no doubt be sued
BY the treAs6Ter's bondsmen as soon as
the necessary papers are prepared.
The substance of the complaint filed
against County Treasurer Shorb 10 as
follows:
The People Of the State Of California
vs. ]. de Barth Shorb, Herman w. He'll
man, J. B. Lsnkershim, John E. Platter,
Robert 8. Baker, J. w. Braly, 8. II.
Mott, George III. Bonabrake, F. O..
Howes, Warren Gillelen, L. N. Breed,
D. o. Miltimore, r. M. Widney, R. G.
Lunt, ]. j. Schallert, A. d. Childress,
g. w. Hughes, J. M. Wilmer. John
M. @. Marble, John Brysop, ST., H. j..
Woollacott, F. @. Story, Andrew Glas-
sell, John s. Park. ~sS
Now comes the plaintiff in the above
entitled action and complains:
l. That at all of the times herein
mentioned the county Of Los Angeles
was body corporate and polite within
the state Of California; that one OF the
defendants above named, to-wit, ]. de
Barth 6horb, was, 1T . general election
hold in said county and state on the 9Th
day of November, A. D. 1892, duly
elected to the Office Of treasurer In and
for the said county of Los Angeles, state
OF California, to hold said Office for the
term of two years from and alter the
first Monday sitter the first day of jan
uary thence next ensuing.
2. That thereafter, to-wit. on the 5th
day of December, A. d. 1892, said de-
fendant Shorb, as such treasurer and as
principal. did duly execute, in favor of
the people of the state Of California, his
off cial bond as such treasurer in the
penal sum Of $3.50. 600, and that said de-
fendants other than said Shorb, as
sureties upnn said bond. did ali and
each duly execute said bond as such. a
true copy of which bond as executed
tss aforesaid ir hereto nttaohed, marked
exhibit "A,r and made part hereof.
g. That afterwards, to-wit, on the
said 9th day Of December, 1902, said
bond and seuch sureties were duly APP
proved BY Walter Van ly ka, J. wv. Me-
Kinley, Lucien Shaw. w. H. Clark, Vim.
r. Wade andsB. N. Smith, each and all
of whom were then and there the
superior judges, and all of tho superior
judges of the said county OF Los Angeles.
and such approval was then and there
duly endorsed upon said bond and signed
by said judges, was duly filed with the
county clerk of said county of Los An
gsles, and was executed and approved
and filed, recorded en- December II, 1892,
in the Office OF the county recorder of
said county, and said bond has ever since
beep on file and kept iu1 the Office of toe
clerk of Gnid county.
A. That on the 9th day of December,
1892, the said ]. De Barth Shorb, de-.
fendant, duly took and filed with the
county clerk Of said county of Los An
geles, his oath OF Office ss treasurer OF
said county of Los Angeles, and after
wards, to-wit, on the I'd day. of January,
1898, said j. De Barth Shorb duly en-
tered upon and assumed the duties Of
said oficc Of trsasurer Of said county,
and ever since and at all Of the times
herein mentioned, has been and now is
the duly elected, qualified and acting
treasurer Of said county of Los Angeles.
81 That at all Of the times herein
mentioned the City bank has been and
now is . corporation, organized under
the laws of tho state Of California. for
the purpose Of transacting a general
banking basinese, and has transacted
such business in said county Of Los An
geles.
6. That between the I'd day OF Janu-
ary, 1898, and the 18th day Of June,
1898, there were received by and came
into the possession and custody of said
defendant Ehorb, as such treasurer,
large sums OF public money belonging
to said county of Los Angeles; that hs-
tween the let day of February. 1898, and
the 18th day OF June, 1893, said defend
ant Shorb, a. such county treasurer,
caused to be made deposits Of said pub
lie money 81 said county. so received by
him ss Aforesaid and in his custody as
such treasurer in said City bank, to the
amount Of S38. $50; that OF said amount
30 deposited there was withdrawn from
said bank Tor the disbursements of said
county up to the 18th day of juno, 1898.
the sum of SIC, ,440, leaving on deposit in
said City hank on said last date afore-
said the sum Of $2S, ,2l0; that said bank
used the money of said county, 60 de-
posted ss aforeaaid, in the general busi-
mesa Of said bank; that on or about
the goth day of June, 1898. said
City bank became insolvent. suspended
closed its doors. and has not
since resumed business; that there hae
been paid to said treasurer since the
18th day Of June, 1893, Of said money 50
deposited by said defendant ehorb, as
county treasurer as aforesaid, the sum OF
5000. OF, and no more, leaving unpaid OF
said money 10 eosdep0sited the sum OF
~, ,9lO.99; that on acceunt of said in
solvency and failure of said bank on said
Yuna 90 1909 said hank beea ma and