Omaha daily bee., 1899-04-05
LIABILITY FOR PUBLIC TRUSTS.
County Treasurer Not Rcsponsible for
Funds in Broken Banks.

CHEYENNE, Wyo.. April 4.-(Special)-
The supreme court of this state met at the
capitol here this morning and handed down
decisions in several important cases.
In the case CT John Roberts and others
treasurer of Laramie county, Wyoming,
against the Board of County Commi sioners
of the County of Laramie, it was decided
that the bondsmen of the county treasurer
were not liable to the county fer funds lost
by the treasurer in the bank OF Thomas A.
Kent. At the time of the failure of tha
bank Roberts, treasurer of the county, hal
on deposit in the bank about $4,000 OF
this sum there was subsequently paid to
the county in the way OF dividends abou,
$4,000 Last summer the supreme court
passed on the liability Of the state treas
urer, Gramm, for money lost in the same
bank, holding that his bondsmen were not
responsible. 1t claimed by the county
that there a distinction between that
case and the case of the deposit OF county
funds and the case against the county
bondsmen was pushed. In the lower court
Judge Scott CT this district held that such
distinction existed and rendered judgment
in favor of the county. The case was at
once appealed to the supreme court AMI
argued last September.
In its opinion today the court admitted
that the weight of the authority including
opinions from the supreme court OF Colo
rado, was in favor of the absolute liability
Of the bondsmen and that the treasurer
could net excuse the loss of the money by
showing that ne had been guilty of no neg
ligence. 1t was claimed by the court, how
ever, that the better reason was In favor
CT the rule which excused the loss OF money
il no negligence on the part of the officer
could be shown. 1t was also stated in the
, opinion that the recent decisions were in
favor OF this rule. While the decision in
the Gramm case was not decisive of the par
ticular question, nevertheless the court had
intimated therein what its view was on a
question like the one involved in the county
case and would be followed.
In the case of the Standard Cattle Com
pany against the Treasurer of Weston
county, Wyoming, some interesting ques>
| tions relating to taxation OF the stock inter.
est were decided. The plaintiff company had
in the year 1895 moved its cattle to Crook
county from Weston county. The home
| range OF the company was in Crook county,
but many OF its cattle wandered into Wes-
ton county and were in that county on
April l, 1896. The taxing officers returned
! them for taxation and the company brought
| an injunction suit to restrain the officers
| It was held by the supreme court that the
cattle were taxable only in the county in
! which the company had its home range:
! that a personal appearance before a board
! OF equalization was not necessary and tina,
! injunction was a proper remedy in such a
case. The holding of the trial court wa.
reversed and that court directed to enter
up decree making the injunction per,
| petual.
In the case of Bryant against the State
the former holding was affirmed. Bryan
mad been sentenced TO the penitentiary OF
verdict convicting him OF assault with in
tent TO kill. The judgment of the lowe
court was affirmed and a petition for re
hearing filed This petition was today de
MED and Bryant will be compelled TO seryt
| out his sentence
Court adjourned TO April 90, at whici
time scme other opinions will be hande
! down.