The Dakota chief. (Gann Valley, Buffalo County, S.D.) 18??-1913, 1895-03-07

ciaim which VIII take precedence over
the claim of the Redfeld bank.
The testimony shows that all through
the summer Of 1899 Ruth's bank had
$4,000 of public funds. rotwtthstand-
ing this fact tha. school funds were
being held back. Mr.. Sanford's tcs-
timony shows that Maj. Ruth did not
,ha this money. On July 10
with his wife. who was very,
sick. On July % the bank.
unsolicited. received $4,000 more from
the Fedfield bank. Under late of July
20. two days before this DEPOSIT had
been received, Maj. Ruth wrote to San
lord that he was glad to hear they were
getting along SO well; that the less de-
posits they had the better, and that he
(Ruth) would feel just as we'll during
such trying times if they did not have
any deposits. On July % the major
"roae to Sanford that he was sorry to
hear that the bank had received IS, 900
more from Redfield. 1t would have been
just as well. he said, in effect, to let
them keep the money and carry the
responsibility of keeping back the
funds There has never been q day,
Mr.. Sanford says, when his bank could
not have paid over the money called
for by these certificates.
On the whole. Mr.. Sanford's testi-
mony has shown Maj. Ruth in a more
favorable condition than his own testi-
mony. While this Is true the members
Of the committee who went to Vermil-
lion AVE brought back ~undoubted tes-
timony to the effect that Treasurer
Gilmore did receive the so called mis-
sent letter from Ruth to Taylor. Per-
haps the greatest Importance to be at
tached to this now famous letter is the
fact that Maj. Ruth has twice sworn
tina he did not write any such letter
and denies hat 1t ever existed.
1t is the belief Of those who should
be in a position to know that ex-Treas-
urer Taylor's bondsmen pin considera-
BILE faith to the fact that the state off,
GERS entirely overlooked, or in any
event d~isregarded. the provisions Of
section 1888 Of the compiled laws which
reads as follows:
when the incumbent Of any office
is reelected he shall qualify as above
required, but his bond shall not be ap-
proved until he has produced and full
ly accounted for all public funds and
property in his control under color Of
his office during the expiring term to
the person or authority to whom he
should account and the fact and date
Of such satisfactory exhibit shall be
Endorsed upon the new bond before its
approval"
lilS cAIlDll was HOI IHdue ny IdyiOI
at the expiration Of his first term and
no Endorsement of such transaction APP
pears upon the bond Of his second term.
the bond which Is held for his shortage.
The bondsmen claim ability to prove
that at least a considerable portion OF
the amount for which Taylor defaulted
was misappropriated during his first
term and also claim that the failure
to check up Mr.. Taylor and make the
proper Enforcement upon the latter
bond relieves them from liability. Had
he proper authorities performed their
plain duty in checking up the accounts.
it is contended, the incumbent would
have been found short and could not
have entered on his second term. The
bondsmen had a right to presume that
the law in this respect a been COM
piled with and that Taylor had en-
tered upon his second term possessed
Of all the funds charged against mr.
Papers were served today In a new
suit brought in the circuit court Tor
Brown county which is doubtless for
the purpose Of setting aside the trans
fers Of property made by ex-Treasurer
Taylor and his bondsmen. There Is in
prospect a long and bitter fight be-
tween the state and the parties who
have endeavored to aid Taylor to es-
cape and to transfer his property and
their own so as to force the state to
settlement for a comparative plttdnce.
and hat %pittance no doubt left behind
by TAYLOR in actual cash belonging to
the state. The disposition Of the state
officials is to maintain the dignity OF
the commonwealth rather thar be
party to a transaction that favors of
conspiracy. The defendants in the suit
are: w. w. Taylor, Joh T. McChes-
ney, c. H. Vinton. VIM. Taylor, A.
Kemmerer, James A. Kiser. c. T. How
ard, w. c. Kiser, jr.. j. o. Powers, X.
NJ. Howard, r. II. McCaughey, w. d.
Beebe, F. S. Mires. ALI w. Brooks,
Frank Beard. S. f. Morris, ]. E. Labrie,
ir.. A. G.. Mellette, c.. Fl. Wells. Of Chi
cago: H. p. Steel, the Aberdeen Ma
tional bank, J. T. Remey, Robert
Moody. J. II. Perry. NJ. P. Stroup. w.
B. McChesney, Mary c. McChesney.
Lima McChesney, H. E. Brooks. F. e.,
Ward, Henry S. Beard. Chicago, the
Mercantile and Manufacturing COM
pany, Northwestern Land and Invest
ment F. w. Humphrey, j.
X. Kutnewsky. c. H. Marsteller. H. NJ.
Bendt, s. c. L~eppleman, A. Sells. the
Northwestern Mortgage Trust COM
pany, the First National bank Of Red
field. the Syndicate Block company, f.
p. Carver. George Van Dyke. ]. IL.
Bass, G. w. Snow. Estella Morris, A..
b. Anderson. Regina Labrie, S. A.
Grain, F. A. Ligler. the First National
bank Of Doland. J. b.. Blain, A. p.
Labrie, ST., o.. J. Labrie. T. Clarkson
Gage, Alex Johnson. Fl. F.. Hunter.
cnruEDEn coo EpICiIpES