The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1893-10-13

on the day Of sale and pay for the bonds
In cash or approved exchange imme
diately on delivery to him at the city oi
Great Falls; and his contract further
provided that the bonds should DO ready
for delivery upon the day of sale, to wit
the 22d day Of May. Waving all ques
tons that might he raised upon the le
gality Of the contract between Palmer
and the board, it is very clear thai
Palmer did not become entitled to thu
$3.50 at any time because of a lack Of
performance upon his part of the termt
Of the contract.
On the 23d of May, or the day after
the sale Of the bonds, the clerk OF the
school district, as he says, at the instance
or request Of Messrs. Hanks and Prem
tiss drew a warrant in favor of II. B
Palmer for the sum of $3.50. There
was no meeting Of the school board upon
that day, nor had the school board al
any previous meeting authorized such a
warrant to be drawn. This warrant was
drawn without any authority of law and
in favor Of a party who had no valid
claim whatever against the district.
Under date Of May Odd II. B. Palmer
executed an informal power of attorney,
reading as follows:
"WILL HANKS, Esq: Please collect the
Sl,2O due me for lIthographing bonds,
etc, and indorse warrant or draft. Send
me check on Merchants National bank,
Helena, for amount due me.
81. b. PALMER
"May 90. 1888"
The warrant having been drawn was
presented to the county treasurer, who
issued his check upon the First National
bank of Great Falls for the amount.
$3.50, in favor of II. Ii. Palmer. This
check was at once presented to the First
National bank of Great Falls, with the
power OF attorney above referred to at
tached thereto, and an endorsement
upon the back of the check, which read:
"Pay to the order of Henry Prentiss,Jr
I'll. b. PALMER,
"By Wilt HANKS, attorney in fact"
At the time when this check. with the
power of attorney attached, was present
for payment, the closing words of the
power OF attorney, to-wit, due me-" had
been blotted by an ink stroke drawn over
the same. Prentiss asked for payment
in cash and declined to take Helena ex
change for the amount of the check, as.
as his reason for desiring cash
something was to come out of it
here.
Tho words used by Mr.. Prentiss are
here reported upon the authority of II.
IL. Matteson, assistant cashier of the
National bank, to whom they were
Prentiss received the Sl,25O in cash
Upon the cheek, and upon the same day
deposited S5lJ to his credit in the Mer.
National bank of this city. On
he 18th the books of that bank show
hat a check against this account of SO
vas paid, and on May y IA check against
his account for 500 was paid. the ac-
being thus exhausted.
We are informed that Mr.. Prentiss
that the 500 check represents the
mounts sent by him to II. b. Palmer
md that the balance of tho S1,2JO col
ected by HIM was retained by him, or
disposed OF by him under the direction
T Will Hanks.
Two members Of your committee have
ntcrviewed IL. b. Palmsr Of Helena, and
re informed by him that he has re
only 500 out of the $3.50 paid
y the district, and that he did not au-
horize either Mr.. Hanks or Mr.. prentiss
retain any part of the money 20 col
'cted. Mr.. Palmer exhibited at this in.
er'iew his books Of account, from which .
appears that he has given the district
redit for only 500 paid on this account.
nd from which it further appears that !
expense OF printing the bonds was .
10, Palmer, however, incurred other !
ipen ses which, with the cost of printing
le bonds, made his total disbursements !
'mething less than $3.50. Mr.. Palmer {
so stated that he was satisfied with
10 sum of 500 as compensation for his G
unless he should ultimately be |
the bonds on default of Hayes ;
Son to take them, in which case he
ought he was entitled to receive the v
manning $50. lie further stated that o
ere was an understanding between C
mself and Mr.. Prentiss that the latter q
.ould receive some reasonable cOmpen- Il
ton for making a transcript Of the t
lnutcs OF the board and assisting in v
G preparation of the prospectus to aid \
the sale OF the bonds and that ne eX- q
cted to pay Prentiss from 22J 70 so q
r such work. lie also clairucd to have d
on ignorant up to the time Of this IN. u
rview of the Fact that the district had Il
I'd upon his count or claim more W
an the sun of 500. This interview
tn Palmer was on October I'd. d
In the opinion Of your committee. the u
ntract made between the board and II
Palmer Was in its inception illegal, "
Il was never performed by Palmer. b'
liner was not entitled to received VI
der its terms $3.50 or any sum from re
> district, and there was no authority II
for the drawing of the warrant ia
favor. The money drawn ostensibly bi
the purpose of paying Palmer was in to
opinion Of your committee unlaw- to
ly withdrawn from the treasury and "
appropriated in part to other W
% than the pretended purpose for al
ich it was distracted. 10;
III" Present State of h school ~
Bonds. II,
IN May 2ith a draft in the following W,
M was drawn: sc
,O,39O. MAY "a, 1881. ev
At sight pay TO order Of John Il. Ter d
ne, clerk school district No. |, Cascade WI
lnty, Montana, Eighty Thousand "
rec Hundred Ninety Dollars, value III
eived, and charge the same to the ac- VI
int of j. II. MCCLELLAND. as
asure School District No. |. Cas- vi
ada Coupty Monfap. bI|