Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1898-12-17
BINGHAM COUNTY vs.. WOODIN.
Continued from opposite page.

money anu III turtueSAHko Oi tnat puF-
pose had delivered to ,the treasurer GER
tain worthless checks upon an insolv-
ent bank does not, We apprehend, con-
stjtute such payment as would
establish the liability of the treas
" er or his sureties. Sec. 1913, r.
S.. provides that: "When any money
is paid to the county treasurer he must
give to the person paying the same a
receipt therefor, ETC." 1t is not alleged
in the complaint that any receipt was
given by the treasurer to Crowley for
the checks and credits alleged to have
been given by Crowley to him. 1t
might reasonably be presumed from
this fact that the treasurer had declined
to receive such checks and credits as
money.
The statement of the second cause of
action is, we think, equally objectiona-
bile. 1t is one of the duties imposed up
on the treasurer by law, (see Sec. $780,
r. s., to receive all moneys belonging
to the county and all other moneys by
law directed to be paid to him, safely
keep the same, and apply and pay them
cut, rendering account thereof as re-
quired by law" but there is no allega-
ton in the complaint of any failure OF
this officer to ''apply and pay out" the
moneys paid to him as such officer or
to render account thereof as required
by law" He is still in Office and it is
not alleged that any demand has been
legally made upon him which has not
been promptly met. The allegation
That the treasurer ''did deposit the
same, Ii. e. the moneys alleged to have
been received by him. on general de-
post in the bank OF G. Bunting & Co.,
etc. while it would be proper and
necessary averment in a charge under
the provisions of Sec. 1913, r. S.,
against the treasurer. is not we think
of itself sufficient in an action against
the sureties. 1t might well occur that
the officer could make such general de-
posit,h and yet the county or its treas
ury suffer no loss thereby, and in such
case there would be no predicate for an
action against the sureties. For such
an act the law has made the officer per-
sonally liable, the liability of the sure
ties would depend upon the further fact
that by reason of such act OF the officer
the county or its treasury have suffered
loss and these facts should be both al
legged and proved. The second cause
of action contains no sucha Legation We
think the demurrer to this cause of
action should have been sustained.
1nasmuch as the judgment in this
case will have to be reversed and the
cause remanded for new trial 1t be-
comes our adty under the provisions OF
Sec. 3sls, r. s., to pass upon and deter
mine all the questions of law involved
in the case. presented upon such appeal,
and necessary to the final determine
tion OF the case.
plaintiff was permitted, over the OBJ
lection of defendant, to introduce in evil
dence the ledger of G.. Bunting & Co.
and certain entries therein were al.
lowed TO be read without any proof oil
who the entries were made by, or when
they were made, or that Woodin had
any knowledge of or ever consented te
such entries: this was error. The fact:
IN the case are substantially as follows,
rs developed by the record: It has
been the custom not only OF the prede.
Gessors in office of the principal defend
ant, but OF all the officers OF Bingham
county handling the moneys of said
county to deposit the same in the bank
OF G.. Bunting & Co.. at Blackfoot, the
county seat Of said county. A custom
which, though directly in violation Of
the provision of the criminal laws oil
both the territory and the state has
been so persistently pursued that ii
would almost appear that said officials
had concluded their convenience and
opportunities were not to be "fobbed
by old father antiG, the lay,r in fact
they seem to look upon the law in this
behalf as ''mere scare-crow." The
Consequences invol, ed in this case by
such action on the part of officials are
not novel or unprecedented in this state
The principal defendant herein took
Office on the 18th day of January, 1897
he appointed as his deputy one Jenk.
ins, who, it seems, had been the deputy
Of his immediate predecessor, and, II
may be. for other of his predecessors
On the 18th day Of January, 1897, one
Squire G.. Crowley, who had been as
SCISSOR and tax collector for Bingham
county for the two years next proceed
ing, gave to said Deputy Jenkins, who
was at the time and for some years pre-
Vious had been the cashier OF said c.
Bunting & Co., bankers, check drawn
payable to G. 6, Wright. the outgoing
treasurer Of Bingham county, for the
sum OF $50, 539.O3, which amount was
accredited to the account OF said G. G
Wright, late county treasurer. Upon