The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-03-19

to County Attorney Loud for advice in
TIE matter. and r~t.iyoi his writtea OPP
inion which for the Information Of al is
here pubilsH T.:
- OPINION.
The qucst;uu presented by This i,-yiu-
ton is lot ,, ncw one. ID has bctl s,,-
sIdcrcd, IT. practically tins form. to q
greater or less * If by nearl! every
state Legislature of the Union. The
difficulty which h, encountered was To
frame a law that would compel the
county trcasure~ to deposit the county
funds in the bar. or other institution
offering to pay til" llrgest rate Of inter
est. and still hold the treasurer and his
bondsrnen responsible for loss. in case of
the failure of such institution or by the
embezzlement of the county funds by
some of the officers connected Herewith.
In other words if a law provides that
the treasurer shall deposit the funds in
the institution paying the largest rate
OF interest. then in effect the treasurer
would have no discretion in the matter.
as the place Of deposit is arbitrarily fixed
by law. In case the offer of the highest
rate of interest is to control, it is appar-
emit then the institution most in need Of
funds would always bid the highest and
thereby secure them. Such an institu-
ton would not ordinarily be the one
selected for such deposit if the treasurer
was at liberty to exercise his W dis
erection.
The injustice of holding him RESPONSE
BILE for loss sustained in such case is too
apparent to need argument. The legis-
lativc assembly of II state. Influenced
by some such considerations. determined
upon an entirely different policy. and
embodied the same incur present revenue
law. which is found upon page los of the
laws of the Second Legislative Assem-
bly,. Sec. 30. and which reads as follows:
SECTION %. On the first Monday in
March. June. September and second
Monday in December. the county treas
urer must settle with the county com
missioners for all moneys collected from
the state or county. and on the said day
must deliver to and file in the Office Of
the county clerk a statement. under
oath. showing:
/. An account of all his transactions
and receipts since his last settlement.
.. That all money collected by him is
in the county treasury.
Our constitution provides that the use
of public moneys by any public officer
for any purpose not authorized by law
shall be deemed a felony and shall be
punished as provided by law.
State Con-. Art. l., Sec. II. page Il.
1t will be seer that the policy of our
laws is to keep the moneys in the county
treasury and that on the first Monday
in the months of March. June and Sep
tember and the second Monday in De
cember the county treasurer must make
a sworn statement showing all his trans.
actions. and that all moneys collected by
him Is in the county treasury.
Ii is apparent then that should you as
county treasurer comply with the re.
quirements of the aforesaid resolution
you would not only violate one OF the
plain provisions of our statute. but also
the fundamental law of this state.
therefore have to advise you that,
unless the last Legislative assembly
enacted a law giving you such authority
there is no warrant Of law for such ac
ton OF your part.
am. yours respectfully.
c. II. LouD.
f- Ntt,rpav