The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-07
ONE MEMORABLE TERN
Has Been That of the District
Court lust Ended
OWING TO CASES ARISING
Out of Legislative Proceed:
ings--At Chandler Monday,

Guthrie, o. T., April 6.-(speciaL)-
Judge Burford adjourned the district court
today and on next Monday will open court
at Chandler. The term of court just ended
is memorable on account Of incidents arls-
ing out Of the legislative proceedings, com
mencing with the suits against Auditor
Hopkins for contempt, and concluding with
the grand jury investigation Of the legis-
lature Itself. AS a result of this inves-
tigaton one member of the legislature
was indicted, and it is said that indict-
meuts against other members were pre-
pared but not returned, the county attor-
ney preferring to let the cases go over until
the next grand jury. 1t was the intention.
also, to issue attachments against sew
eral witnesses who refused 10 obey the
process Of the court, but they will be given
another chance before the next grand jury.
ut is said on very good authority that the
next grand jury will also be asked to con-
eider several indictments for perjury
against witnesses who are alleged to have
testified falsely before the late grand jury
In view Of the misconstruction that may
be placed upon Judge Burford's instruc-
tions yesterday to the grand jury in re-
gard to the payment of interest on public
deposits. especially the school funds. his
remarks covering that point are here
given:
But in the case Of the school land
board, they are simply trustees or bail
ees Of the fund, and while they are charge
able with and liable for any interest re-
Ceived by them on the deposit Of such
funds, they cannot be held criminaIy-Iia-
bile until they have failed at some proper
time TO account for and pay over such
interest.
1T is the duty of every public officer
or trustee who has trust funds, to &C
count for and pay over same at the end
OF his term Of Office and IL you find that
the term Of Office of any trustee of the
school funds has expired and he has failed
70 account for and pay over TO his
successor any interest received by him on
the trust fund. it viii be your duty to re-
turn an indictment. But in the case of
the school land board, until the term of
office has expired, and the custodian of
the public funds has failed to account to
his successor for all the fund, principal and
iRterest. which has come into his hands |
prosecution will lie. It is indeed fortu- |
nate that our law is il this lame and de-
fective condition. The public is entitled
10 all the interest its funds can earn, and !
there should be some law providing for a |
bonded officer TO keep these funds, some |
law requiring a statement and settlement |
ct stated periods, and making it the duty |
of somebody or officer to audit such ac-
counts and see that the funds are safely |
kept and paid over to the proper author
sties, but lack of sue provision is the
fault of the legislature and not OF the |
courts and grand juries.
Fortunately, so far. the territory has |
never lost a cent Of the principal of |
these funds, each governor and board in /
the past has safely kept and accounted |
for all these funds. We have been fortu- |
mate in having honest boards. although |
they are not under any bonds for the safe /
ty OF these funds derived from public |
lands. No charge has ever been made that |
the funds were not all accounted for.
while have no doubt that the aw re-
quires every custodian of public funds to
pay over to the fund and account for
every cent Of iunterest received on the |
fund, or by reason Of any deposit of the |
fund, yet, in my judgment. by reason of
the uncertainty and defects of the law /
in relation to the funds derived from the |
public lands in the hands of the board you
should not take any action in reference
to the taking of interest on such funds
until such time as there has been a fail
ure to account for and pay over such in
terest, at some time required by some
provision of law, or until the term of Of
1ice Of the custodian has expired and he
has failed to account for any interest. II
at such time there IS a failure to account
then such custodian VIII be liable, both
siyi11v and cr;r7IroI1,-p