The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-01-27
Justice Titus granted the certifcatiOn.
REFEREES RELEASE SuRETIES
History of Kingfsher County Case
Lust Decided.

REFEREES RELEASE SURETIES
History of a Kingfsher County Case |
just Decided.
Guthrie, o. T, Jan. 26.-(Special.)-Hon.
George S. Green is back from Kingfsher
where he was associated with c. o. Blake
of Ell Reno and w. H. Anderson of Enid, |
as a board of referees in the suit brought
by the county OF kingfisher against J. III.
Lee, ex-treasurer of the county, and his
bondsmen. Lee is charged with ille-
gally specializing in county warrants
and the suit was brought to make him
and his bondsmen cough up s37,50o which
the county claims to have lost. The ref
erees found that Lees bond, after II was
approved by the county commissioners.
had been subsequently withdrawn and
two names, F. P. Brown and F. E. Welty,
added without the consent Of the original
bondsmen, which irregular proceedings,
tn referees decided, released the original
bondsmen from liability on the bond
Kingfisher, o. T.. Jan. 26.-(special)-I
The case of the Territory VS.. ]. NJ. Lee.
ex-treasurer of F<ingfisher county, charg-
ed with sequestratiOn of county funds.
decision of the board of referees appoint
ed by the court, which decision releases
the bondsmen of Mr.. Lee from liability
for the period during which the acts
charged as seQuestration are alleged TO
have taken place.
The following is the history of the case:
1t was claimed that ]. NJ. Lee, ex-
treasurer of IIingfisher county, during his
term of office, Incorporated S37 600 in
the payment of county warrants, which
ought not to have been paid in this man
ner.
That his acts In the payment OF these
warrants. under the law were without au-
thority, seems to be the general impress
sion. hut it is also seems to have been
well known TO the people that he was
paying these warrants in the manner in
Dictated AT the very time ne was doing so:
yet no legal steps were taken 10 pre-
At the expiration of HIS term of office.
January l. 1897. Mr. Lee made settlement
with the county commissioners and turn
ed in these Cancelled warrants instead OF
the cash and at that time IT was sup
posed that he had in this manner bal
anced his accounts with the county Since
then, however. it has been found that the
county refused to give credit for several
items amounting to $40 Dor $500
The warrants so irregularly paid by Mr.
Lee had been properly audited. allowed by
the board Of county commissioners and
regularly numbered and issued by the
county clerk They were issued for Iegit-
| innate and necessary county expenses. and
by their payment the county in fact lost
| nothing.
The commissioners directed suit against
I - -
/ bond.
AT the recent term Of the district court
dilatory motions were made. but all were
promptly overruled. At last counsel on
| both sides united in asking the court 20
refer the case TO a board OF referees. The
court appointed Hon. George s. Green OF
Guthrie. G. o. Blake of FL Reno and W.
II. Anderson OF Enid.
On January II the board Of referees
began the hearing of the case. The point
upon which the case was decided was
this: J. NJ. Lee was in November. 1894,
elected treasurer Of this county for q term
OF two years and his bond approved De-
cember = Of that year In July OF the
following year Z. l.. Winkler. J. l. Black
ford. William Crimes and A 3. Campbell
moved the commissioners to discharge
them from further liability on Mr. Lees
missioners required Mr.. Lee 20 give addi-
tlonal sureties. and accordingly Mr.. Lee
gave ]. f. Welty and T. ". Brown. both
Of these signing the same instrument with
all the former sureties. withou their
knowledge. nsead OF giving or signing a
separate bond. as provided by law in such
cases.
Upon demurrer the point was made that
there had been a very material alteration
in the original bond since Il was signed
BY the defendants. and that therefore.
plaintiffs petition did not state facts SUI
fcient % constitute a cause q action:
but the board Of referees overruled this
demurrer.
Later the same point was raised again.
and after full argument the board OF
referees sustained the objection
In the meantime some % Mr.. Lee's
sureties made a proposition 70 settle The
case on the basis that the county should
sustain 10 actual loss. A petition was
circulated ard VAS presented 70 the coun-
= commissioners praying that Mr. Lees
bondsmen "shoUi5 be compelled 20 pay
any shortage that exists. and be further
/ compelled n reimburse the county FOR any
warrants redeemed By Lee FOR which 10
valuable consideration was received. 20
a1d that ~ any shortage exists n -
accounts Of said Lee. oT - h has diverted
funds from their proper channel. and =
he has rad partners IN his crime. IRE
( criminal laE should be invoked against
him and against them "
Four or Eve hundred names were Oh
tanned 20 the petition
on .hls petition tHe commissioner took
10 action
The action % IRE board Q. referees gives
,s-s~zF ssfsEsarfso- t,ls- the conduct -
me commissioners 81 not considering the
r-o.osstlon or the suTeti=s = generally
condemned. FOR IS matters now stand =
arythfnE - heresfte- fos-d 20 - 6sss
from " Lee % ire county & cannot -
collected
TIE ssreties ssli raalutaEn fhst sbetr
word e better tfan their bo1s All thar
tasv VII xtlll rake good thelr rFeposi-
rsrrlz
re board q commissioners Is made up
Of tvo PopulIsts ard ere Rspublles-- Tsse
Republican wanted 70 accept the proposs-
uo,- The county Was represented ~ y.