Great Falls weekly tribune. [volume] (Great Falls, Mont.) 1894-1???, 1895-11-29
SAYS THE CITY WAS BENEF|TED|
Attorney Largent Claims that His
Delaying Enabled the CITY to
Recover Much Money.
Denies Other Attorneys Claim that
His Complaint Was Defective
History of Proceedings.

John A. Largent, formerly city at
torney, claims that the statements made
by Attorneys Stephenson, Leslie and
Cooper, the substance of which was pub
lished in yesterdays TRIBUNE, in refer.
ence to the SUIT Of the City vs. Rolfe ct
al, are absolutely incorrect, and makes
fhe following statement:
"In September, 1893, the city council
ordered me to bring suit on Elliott's
bonds for the shortage, and to attach all
the property of the bondsmen. I pre-
pared the papers for such action and, be-
fore filing the same, the bondsmen and
G. M. Webster appeared before the coun
Gil and stated that il suit was brought
and attachment made on the properties
at that time it would result in closing up
several business houses in the city, az
we'll az putting the Security bank in the
hands of q receiver.
II was then ordered by the council to
postpone the case indefinitely.
Several months afterward the coun.
Gil again ordered me to bring suit against
said bondsmen, but not to attach their
property. I drafted my complaint, aek-
ing for judgment against the bondsmen
for $4,000, which l think any reason
able attorney would have done in view
of the fact that there we're over S2l, 600
of the city's money in the then suspend.
ed First National bank, over sol 900 in
the then suspended Merchants National
bank, and about $4,000 in the Security
L,-1y n ~rou1 total NJ nyor ctn l0n Aho
penal sum of the bond being $4,000.
1T is fair to presume that in a case of
such magnitude the costs would equal
the amount of the bond. After the COM
moved to strike out a part Of the COM
plant upon certain grounds, one of them
being that no demand was made on the
legal representative of the principal in
the bond. The court saw fit to grant
such motion and [ then had the public
administrator make application to the
court to be appointed the administrator
over the estate OF 2. j. Elliott, deceased.
The court saw fit to refuse to grant let
tiers of administration to said public ad-
ministrator, Samuel Dean. | then filed
my amended complaint, setting up the
facts with reference to the legal repre-
sentative of p. j. Elliott, but in the
meantime the banks had paid over to
the city a portion Of the funds, so that
there remained a shortage only OF SD,
900, for which amount | asked for judg-
ment in my amended complaint.
"The defendants moved to strike out a
portion of my amended complaint,
which motion, | think, was granted IN
February or March, 1895. The court
then gave me the privilege of amending
my amended complaint and at that tim
| desired to consider whether it was
necessary or net and before such amend
ment Was made. my term of office ex-
PRED and my successor assumed the
duties of city attorney. 49,,
II maintain that the last complaint
filed states a cause of action and that re,
covery can be had thereupon, and l an
not aware that our court has declared
the complaint defective in any manner
whatever; at least the records OF rhs
court do not 30 state.
"At the time the first complaint "as
filed against the bondsmen, if the cast
had been rushed to a final Termination
at that time. there would have been 10
volved ia litigation over 100000, which
would have been lieu up ana tne cl'.
had no use thereof until the case va
finally determined in the supreme court
which doubtless would not have beei
reached at this date.
"By the delay Oh my part the city ma
received all of the 100000 or more, ex
cept $4,000, the shortage that remain
at this time, which, / think, justified an
action on my part, as the city has bee
largely benefited thereby and has ma
use of a large sum of money hat woul
have been tied up in litigation had
seen fit to prosecute the case v%igorousl
at first.
1T ia fair TO presume that the now al
~torneys appearing in the acllon "oul
differ from my opinion as to the legallt
of the complaint, because as Il genera
rule attorneys do differ in their opinion
at times.
"As to tho present complaint BEN
defective, ! fully Intended to amend IN
same before trial was had, II 1t neeae
amendment, but; | think L states ID gnn
cause of action AoJ that recovery OF III
shortage may bH hau'
"Y,u will SEQ by Ibis statement thS
the citizens of Great FallA have bee
benefited by discretion having been use
with reference to taking vigorous act!o
against tiity Treasurer iIl''otts Bona
men, and anl quite sure that no rel
sopsble person could fairly c%riticlae ar
action on ny uart with reference TO IN
litigation, which mas hen"tltea the Pc
---l ktARA u