The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-30

aeme Rstsfs TsvsIved - In she Case %
G~sttasss HNfDrm Treasurer.

asms Rstsss TsveIvsd - In she Case OF
e~sstaess H~fsrm Treasurer
wnATcon, ysn. D.-Esperssl. The
Posr.fSrxIxfsxscxx's correspondent -
ADVISED tAst ths iong dslsy ia bringing 10
trial the esss Of tie state against Iiefsnifss
Is<nses has been eas 70 the fact that the
rssvest points Of iaw involved. wassrh ua-
derife the Whole foundation 81 tie STATES
csse. were raised la Seattle In tbs similar
csse against Dessulssr kras and were bat
ysoently passed upon by Judge Hunss-
These rosnss yere raised by kYGg's cosr-
eel In . demurrer 70 the indictment Upon
which she hearing was had. and are pre-
snsnahiy the same a. the ones set forth IN
the dsunrrer to the Indictment In the
Isenses e.xs here. And ret Of ths two
case. the ons sgssnst Issnsee 10 the weaker,
Krug having hsen indicted untsr section
81 Of the criminal code. ~ sell az under
section IS, wiile Issnsxe IL Indicted only
under section IS, not scrap Of evidences
having besn presented 10 the grand iasy
20 warrant an indictment under sscsson 81.
For bsfser understanding o. the pclnts
raised the two sections arc quoted:
Sec s.. n any agent. clerk. officer.
servant or person 20 whom any money or
ofhsr property shall be Entrusted. with OF
without hire. shall frsuaulentiy convert
30 his own Tee. or shai take and secrete
the same with intent frauduientiy 90 coH-
vert the same 20 his cwn use or shall fail
70 account to the person go fnsrustsng IL TO
him. he shall De deemed guilty Of larceny,
and on conviction thereof shall Do i'm
prisened ia the penifsDtlary not more
than ten years nor less than one year or
be imprisoned in the county tsiI for any
length Of time not exeeeding one year"
Sec. 81. IL any state. coanty. town
ship, city. town, village or other officer
elected or appointed under the consiitu
ton or isws Of this state. court commits
sioDer or sny officer OF any court, or any
clerk, Ageut, servant or erBptoye OF any
such officer, shall In any manner not agi-
thDrised by law usc any portion OF the
money intrnsted TO him for ssfs-keepinr,
In order to make q profit out OF the same.
or shall use the same for any purpose not
suthonzsd by Law he shall be deemed
guilty Of felony, and on conviction
thereof shall be imprisoned in the peni-
tertiary not less than one nor more than
ten years"
As before stated. the case against Isen-
see rests entirely upon section 50. and IL 10
contepded by his counsel. as well as by
counsel for Krug. that this section applies
only 70 tho officers, agents and employees
OF private corporations. firms or individa-
ais. ana not in any sense 90 breaches Of
trust OF public officials. This places the
prosecution in the Isenses case In pecu-
liar dlisTnma. and clearly reveals weak
point In ths criminal statute. While there
isn't particle OF donbt that fssnsse, as
city treasurer. used = large amount Of pubic
money entrusted TO him for safe keeping
In ordsr to make profit out Of the same, -
there - no evidence obtainsbio whics.
would bs regarded Is proof OF this fact Ia
court Of law. The county attorney.
therefore. was obliged TO base the indiet-
msns upon section 81. which makes IL a
fsiony for amy agent, clerk, officer or SER
want to "fail 10 account for trust funds.
Judge Humes having overruled the de-
murrer questioning the application of sec
ton IS TO breaches OF trust Of public on
Gals. the same ruling is looked for here.
The cases must then come To trial upon
The questions of fact alleged. but whatever
the result may be In the superior court ii
Is practically certain that su appeal will
no taken to the supreme court upon the
question OF the intent of tho legislature in
references 10 the application 20 public OH.
csass OF the law ~ contained in section SIS.
Should the court rule that section 81 ls
alone applicable 10 public officials. then
lsensee viii 30 free man, and there will
be no criminal phase 10 this unfortunate
affair"