The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-19
.c0UaT WAS REVERSED
Death Makes Nc Difference in the
Bondsmen's Liabilities.
A CASCADE COUNTY CASE
The City Treasurer of Great Falls Wa
Drowned. Leaving $4,000 in .
Suspended Bank-The City
Sued the Bondsmen.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena, April 1S.-In an opinion by
Justice Hunt, the supreme court re-
versed the district court of Cascade
county in the case of the city of Great
an action to collect about SIS. 900 of city
money on deposit in the Merchants
National bank of that city at the time
of it's suspension, In August, 1898.
About the time Of the suspension p. ].
Elliott, the city treasurer, was drowned
in the Missouri river while bathing be-
low the big falls. mi inc others,
who were on Elliott's bonds. were u
by the city. The court below decided
in favor Of the defendants. holding in
effect that there can be no liability un-
der the statute II death prevented the
officer from turning over all moneys in
his ONCE to his successor. The SUI
preme court, however, put a different
Interpretation on the case, and in the
course of it's opinion. says
THE fact that death overtakes an Of
ficer cannot alter the consequential fact
that the Office il thus vacated, or lessen
the liability Of the official or his sure
ties. The condition of Elliott's bond
was for the faithful performance OF
his duty as treasurer, and that he
would pay over all moneys that came
INTO his nanOS as tTcdSuIci, aho ~
to his successor all moneys belonging
to the office of treasurer. 1t was part
of his duty under the statute to deposit
all moneys of the city in his name as
treasurer. BY so holding 1t is his on
cial name, IL at any time or for any
reason. accident or otherwise, he should
vacate the Office, his successor could
at once be possessed of the funds be-
longing to the city. Death did no
change the legal obligation on Elliott
to be honest or to faithfully perform
the duty of having all the moneys be-
longing to the city on hand, and In his
name as treasurer, SO that his success
sor ould receive them al C II a
vacancy should occur-it only pre-
vented the manual tradition by Elliott
to any successor in office of the de-
posits themselves, or of evidences of
such deposits. And when his sureties
agreed that he would faithfully per-
form his duties. they also agreed thai
when he vacated the office he would
have on hand for delivery over to his
successor all moneys received by him
as treasurer. So, when the vacancy oc-
Cured and the city's moneys received
and deposited by the treasurer were
not on hand and were not paid over.
there was a breach in the conditions
of the bond-Elliott's duty had not
been faithfully performed, and the
SuICtlCS CSoiii boo ~
any deficiency and to pay the same
over to Elliott's successor in office. To
c~ountenance any other rule would be
to impair the security of public funds
II cannot be that the sureties OF an
Official who a absconded with public
money, or of one who has embezzlec
them. yet died before his term ex'
pired. are in a far better position thar
the bondsmen of one, though equal
guilty. has remained In office until tht
expiration of his term. If such be tn
law. flight or suicide Of officers wht
are short i'm their accounts are tempt
ing hopes of the sureties. Such never
was the intention of the legislature
and such is not the language or the
statute"
The other opinion decided was in tn
case of Calvin F.. Hull VS.. @. DIEM. I'M
First National bank of Helena ct al.
an appeal from the district court o
Lewis and Clarke county. Judgmen
reversed. Opinion by Justice Pigott.