Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-05-06
ORDERED TO PAY.

"ineo Dy the supreme Court
as Due from BDnting's Bank
to the Stafe-SoMe Facts in this
Remarkable Case.
Judge Rich has Issued q peremptory
order to c. K. Thum, Receiver, for C. |
Bunting q Co., bankers, TO pay TO the |
state the full amount for which iudg-
ment was given by the supreme court
as due the state by the bank OF said
company.
The following are some Of the facts
Ia this remarkable case:
On February 7th, 1893, demand In
writing was made on Thum, Receiver
for q. Bunting a. Co., Bankers, by
James II. Anderson, State Auditor,
and II. Z. Mcfarland, Attorney-Gen-
eral, by Hawley d Puckett, their at
torneys, for the sum of tll,l0l.l6,
which WAS claimed by them as the
property OF Idaho turned over TO the
receiver by @. Bunting e. Co., when
that firm failed, upou the theory that
|, Was public money, and could not,
therefore, have been mingled with the
funds OF the bank, but must OF neces-
city have passed intact. into the hands
OF the receiver.
As the total amount OF cash In the
bank when II passed into the receivers
hands was only 5,453.05, or less than
half as much as the claim of the state,
the demand was refused.
On February 9th, 1898, petition was
hled In the district court, by the at
torneys for the state, asking that the
receiver be directed to pay the amount
claimed to the state of Idaho and that
pending the hearing upon that petition,
the receiver be directed not to pay out
any money In his hands, etc, etc.
The hearing Was fixed for the 18th
day OF March, that being the first day
OF the ensuing term OF court. The
witnesses for the state we're called and,
after the introdu uctlon OF all the evil
deuee for the plaintiff, the attorneys
for the state rested, whereupou the re-
eeiver's attorney, without calling any
witness, or introducing any evidence
moved for non-suit. The motion was
argued at length by the attorneys upon
both sides of the case, and, after being
taken under sdysement by the court
was finally granted.
In the month OF April, following,
motion for q new trial was made by tht
attorneys for the state aud denied b.
the court.
An appeal TO the supreme court o
the state was then taken by the attor
news for the state. A hearing was ha'
In tina, court, and, after being take
under advisemeut, decision was rer
dcred on the 10th day OF December
1898, reversing the judgment oil til
lower court, remandiug the cause I
the district court, directing that
Judgment be entered In that cour
against the receiver, and that the r.
l cciver be ordered to pay the judgmen
Before that judgment was entered
D however, the whole case was remove
T 10 the circuit court of the United Statt
and a hearing was bad on April lotl
! 1899. at the Pocatello term OF tt
T United States court, and the case WI
u remandee TO the district court OF u
: state. and Judge Rich has made pc
L emp,ory order that the receiver pa
c the money at once to the state.
Now In addition to the above eou
n facts, THE NEWS being a depositor al
c therefore an interested party desires
IT add the following for the informati
T Of all depositors:
There has never been trial OF tf
u case ON It's merits In the district cou
/; of this judicial district nor in any COZ
n In the state. At the time set for hef
d ing the attorneys for the receiver ma
|e . motion for non-suit and the mott
1t prevailed and was made of record. 1
l. state appealed to the supreme co.
and that tribunal acting on that appe
10 extended Its wings and gave judgme
N AGAINST the receiver for more even Tn
IN tho hank owed the state. The sta
e. treasurer's books and the state audito
IN books agree in the amount due the se 81
and they fix that amount az Silva
n, while the court gives judgment
RS sll.1Ol. 10 which is s7e.es more than
so state claims by its own records. Al
re this action the receiver asked Tor q
ly hearing in the supreme court wh
nd was denied, Huston and Quarreis de-
tn ING and Sullivan dissenting HOW Ut
m. that strike youY
of Again, in January 1897 G. bun'la
,ar,n Of office as state treasurer expi'
and he turned the office over 10 MS .
on cessor George II. Storer' Atths' u
Mr. Bunting as treasurer was inaeo
- tho state s32, 7O2.5s. The bank boz
Uv - J,nrorv 9Th lN1t,