The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-11-28
REWARD STILL UNPAID.
An Adverse Decision to Bywater,
Who Captured Great Northern
Train Robbers.
Supreme Court Sees No Good
Grounds for Alarm al to
the Effect.
Tina Kuourh t. Determine the Eato Of
Appropriation Affected When the
Occasion Arises.

Appropriations Affected When ene
Occasion Arises.
The supyeus court handed down IN N
porssnt decision yesterday regarding STATS
appropriation for rswards. The question
was brought mp in tho case Of Steve by
xsts, against the state auditor for . writ
Of mandate. On Nov. %. 1892. a passen-
ger train on the Great Northern wss stopped
and held up and the exp sss and baggage
ear robbed of valuable goods by three
masked men near Malta. A reward was
offered By Gov. Toole OF $500 for the apprs-
hsnsion and delivery OF the men 10 tns
sheriff Of Dawson county. Bywassr ar
rested ono OF The men on Dse. l ana she
other on the following day. The mes were
convicted and sentenced 10 Deer Lodge.
Bywatsr claimed that tho state had there
tofore appropriated $2.O 900 for each OF the
fiscal years ending Dac. !. 1891. and Dec. l.
1892. for rewards. On the latter date shefe
was g. 900 in the treasury subject TO shs
payment Of the reward offered By tbs COVER
nor. Bywatsr In. his affidavit said that IN the
months Of December, 1892. and January.
1898, the state board OF examiners notified
the state auditor and state treasurer OF tho
existence of the claim and that on Jan. 7.
1893 he presented his claim to the exam
liners and demanded payment; that suose-
auently the treasurer transferred tho wno1e
Of the appropriation for rewards Tor saio
year into the general fund OF the state. ana
shat ON juno "a. 1893. tho examiners al
lowed The claim for $500. and ordered IL 80
be paid out of the Appropriation ZOE re-
wards for year 1892. On the same dsy
the examiners notified the treasurer 70
transfer to the fund designated rs rewards
the sum of $500 out of any money 10 the
treasury not otherwise set apart, to the
credit OF the reward fund fo' the purpose
Of paying this claim. BywateH presented
tho claim to the state auditor 10. payiaeh.'
Who refused to d aw his warrant therefor:
and returned il sndo sed mo funds"
In the decision Of the court by Chief Justice
Psmbertoa he says: 1T will be seen that
the lslstor seeks TO compel tho state auditor
BY writ Of msndate TO issue h,s warrant on
the fund approp: lated for rewards for ths
fiscal year 1892 for the N OF 'nis
claim.
shat when the fiscal year Of 1892 expired the
Afasnt had no legal demand against the
state. No liability on ,hs part Of tbs state
accrued to pay this reward until after the
convietion Of the parties for whose a9pre-
hsnsion and delivery to the authorities She
reward was offered. II appears from
the affidavit herein that such oonvio-
tion was not had until after the
expiration of the hssa! year looz' me
atlantis claim wss not SLOWED By the state
board of examiners until tho 22d day of
June, 1898. At that time the reward fund
To-. the year 1892 had been transferred 80
the general or unused fund by tbs state
treasurer a. required by law. We thlnk
>lAtr, ahArnAah1A IN tina
reward fund Appropriated for tho year 1892,
which Of ,irsi on the LIST day Of Decembsg
Of that ear, and therefore arc of the op1n-
ion that tho auditor can not DO legally
required to draw his warrant on said fund
for the wear 1899. Whsn the fsonl year
1892 expired the relator had only a consin-
gent or conditional demand upon ths state
Tor this reward. His claim depended upon
the apprehension and conviction OF the
parties guilty Of the crime for which TIE
reward was offered. These conditions were
not fslhllsA and complied with until after
thu expiration ef tks azes! ysas 1893. The
conviction of these parties might not have
been scared for Ave or ten years. In saoh
case could this reward be held 10 b.
. demand against the reward fsnd
for the year 1882. and the auditor be re-
QaiHcd to draw his warrant on that fund
tor that year merely because . reward vas
oae: cd In that year? We think not.
W think this case very different from a
ease where q specific appropriation has
been made for q certain year for the eYeo-
tion of . state building, and suoh building
has not been Gem plstsd within the fiscal
year for which she fund has been appro-
priatsd. In suoh casa We think the fun
has been, in contemplation OF law. put to
use or virtually expended when tie authof-
lied state agents have contracted fer the
construction Of suoh building, although
said state agents may in fact hold the fnnd
appropriated, or q part thereof, In the
hands Of tho trsesur eH to secure the fulfill
ment Of the contract for the erection and
com letion OF the same. Va Sos no good
grounds for the alarm e1I ressei by coun.
sci in this ease a. to the sfeot the holding
in this case will OF may have On tbs unsx-
pended funds of any specific appropriation
remaining in the treasury at the expiration
of any fiscal year. 1t will be time enough
to determine the fate OF these appropria-
lions when an occasion shall atise for 80
doing. This writ of Mandate Ia denied"
An opinion vas also rendered in shs case
of Sophia Wetstein Va. Hattie NJ. Joy ct al,
appealed from Park county. The opinion
IL by Associate Juatios DeWitt. Wetstsln
and wife had given = note and mortgage 10
one MoLolRhiin. who lived In MISSOURI.
In Ootobs., 1880. this defendant. Hattie d.
Joy. by her attorney, Allan Il. Joy. b. oush hit
an action against the Wstsseins for q iudR-
mont On the note, and foreclosure Oh she
mortgage, cla.ming that she was tbs owner
u tu0 bAA0 " Ru&SloAo i1SN AClIouXull0,
for $3.50. WetsteIn settled as soon as sum-
mons was served. paying the note and inter-
est, some $672 in all. MoLouRhlin. instead
Of sending the nsts and mortgage TO Joy,
after Joy had sent his cheek to MeLouah-
lin At Missoula in pursuance to what Joy
Stained was his pu chase from Mclaughlin,
sent the same to o Livingston bank. After
Wetzstsin had paid Joy he also paid the
money again to the bank fer lcLoaghlin.
Joy told him not to do SO and that he woald
protect him with a bond. Joy had COM
Eenced the 70: sslosure action before he
had gotten possession of the note and
mortgage. Then Wetzstein Euss Joy for
money had and received, and recovered in
the district oou:t the whole amount of note
and interest. From that judgment this
appeal Is taken by Joy. After tho foreclos-
ure suit was all settled Jsy's check to
Mclaughlin was sent back to him from
Missouls. The supreme court cuts the
jedslae nt down 10 $3.50. without interest.
and at the cost of Hespondents.
Dress patterns at prices that cannot be dupli-
Gated Is the opinion of all who have seen the
bargains At The Ees Hive.
Those storm serge dress patterns at The Bee
Hive this week at es.75 are called bargains st
other stores at III.