Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1898-12-17

VI Guy Vtuct REPRESENTATIVE bSlue,
the sum Of $4l, li3.l0, and l never had
any knowledge of that amount OF money
being paid into the treasury of Bins-
ham county during my term OF office. y
1t would seem, then, from the record,
that Crowley had paid into the bark
the sum OF money, to-wit: SO, 539.Oa,
covered by the complaint; that he had
checked against it to the full amount
in favor of G. G. Wright, the outgoing
treasurer, and that Jenkins, the cashier
deputy, after balancing Wright's ac-
count, passed the balance to the credit
OF WoOdin, or ut least it may be pre-
sumed he did, although of The latter
fact there Is no direct evidence. There
is no evidence, nor do we think it is
pretended or claimed, that dollar Of
money ever passed in any OF these
transactions.
The district court in its findings OF
fact pays but little regard to the evil
dence, in its VIII. finding the court
says: William A. Woodin, as treas
urer aforesaid, did receive and accept
from S. G. Crowley checks and credits
on and in the bank OF e, Bunting & Co.,
bankers, etc." The evidence upon this
point is that Crowley checked to
Wright on the l4th Of January, 1897,
$50, 539.03, and there is no evidence
whatever connecting Woodin with
Crowley in the matter, or that the
transfer of this sum from Crowley to
Wright, and from Wrigh TO the credit OF
Woodin, was known to Woodin at the
time.
In its TX. finding Of fact the court finds:
THAT the aforesaid checks and credits
were not worthless, but did enable the
said defendant Woodiu to receive said
moneys and the whole thereof, and
none of the said moneys were lost to
the said plaintiff by any negligence of
the said Woodin in not receiving money
and the plaintiff was not damaged in
any sum thereby" And in it's X. find
ing, the courts finds THAT on the l4th
day of January, 1897, said checks and
credits were by the said treasurer duly
presented to said bank ard paid.n
None of these findings are supported
by the evidence and they are di-
rectly in conflict with the allegations
of the complaint.
We are apprehensive that the hon
orable district court in formulating
findings in this case got the rules and
matter of bankers commingled with
the rules of law. The giving of a
check by Crowley to and the accept
ance of the same by Wright, might
well operate as payment as between
them, but the subsequent transfer upon
the books of the bank of much less
sum to the credit of Woodin, without
his knowledge or consent, would hardly
operate we think as IA deposit upon
general deposit" so as to make him
amenable to the penalties of the Grim
iaal statutes or make him or his sure.
ties liable civilly. The complaint AYERS
that on the 18th day of January, 1897,
the bank OF G. Bunting & Co. twas,
and ever since has been, and now is, in
solvent, and unable to pay all its liza
bilities as they matured." G. Z. Thum,
as witness on the part of the plaintiff,
testified: Trans. Flo. 1911 "Tbat on
the 18th day of January, 1897, when
the check for 50.539.O3 was given.
there was in the bank upon which it
was drawn about $4,000, not to ex-
coed $4,000. There were one or two
days about that time when cash run to
a little over $4,000, about s12, 200, but
never over $4,000. | know this from
my inspection of the cash book as re-
ceiver. The entry of $50, 5000. on
the credit side Of the account of G.. G..
Wright, as treasurer on page 442. of
the general ledger OF the bank on jan
uary 18th, 1897, is the same check that
is credited to the account of G. G..
Wright, ard there were not sufficient
funds in the bank on that day to pay
the check. / do not know upon what
date the entry of 81 142. 40 was made
the credit OF w. A. Woodin, as treas
urer. have examined the cash book
OF G. Bunting & Co., bankers, ard there
were not at any time between the 18th
day OF January, 1897, and the 18th day
OF February, 1897, sufficient funds in
the bank OF G. Bunting & Co., bankers,
to pay the check for $41, 142.4O." 1t
may be that viewed from the stand
point OF banker, the condition OF
things is indicative of solvency, but
to the ordinary mind it you'd, it seems
to us, present an entirely different as
pect. The finding OF the court that
Woodin, as treasurer, deposited on
general deposit in the bank Of c. Bunt-
Ing & Co., bankers, the sum Of 3d.
46l.5l, is not supported by the evil
dence.
The true facts Of the case as shown
by the record, appear to us to be about
| as follows: Squire g CrowIa,, 90 ~