Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-08
Ex- Mayor Dugan Accused OF
Wrong Doing.
NJ RYAN THE GANG BOSS
Alleges That the Books of the Co.
Partnership Have MOI Been
Properly Kept

A civil suit possessing more sensational
features than the majority of actions re-
Gently commenced in Silver Bow county
was filed in the district court by Attorney
James f. Healy this afternoon. The par
ties to the suit are James Ryan as plain
tiff and ex-mayor E. O. Dugan and Coun-
ty Treasurer Thomas r. Kinds Defend
ants. Although virtually a tranger in
the city, Ryan will be remembered as the
boss of the street paving gang last sum
mer and fall. In his complaint he alleges
that on or about July l, 1897, Dugan,
Kinds end himself entered into a partner
ship to carry on a contracting business.
That he had reason to be dissatisfied
with the conduct of e. o. Dugan for the
following reasons: That said E. Q. Du-
gan, in violation of an express agreement
that he would not draw any checks to
bearer, blu to the order of the persons en-
titled thereto, has kept the books and ac-
counts OF the co-p%artnership in such a
condition that it is impossible to ascer-
tam therefrom any accurate account of
the dealings of the partnership and has
never taken any balance therefrom; and
that the accounts are now unbalanced
and no accurate understanding of the
condition of the affairs of the partnership
can be learned or taken from the pre-
tended books.
Plaintiff further alleges that he has
taken the books and examined them and
found that Dugan, without the knowledge
and consent of plaintiff, has overpaid in
excess of the amount due and owing to
one Ben Hager the sum of S7.44O. and
therein plaintiff alleges that said Dugan
mas been guilty of deceit and conceal
Ihenl ana misrepresentation and serious
misconduct as to the plaintiff.
mat the money so paid to Hager has
not been paid with reference to any of
tne matters or Things connected with or
concerned IN the affairs of the partner
snip or plaintiffs and defendants.
Flalntlff is Informed and believes, saws
the document, that Dugan has converted
10 ms own use and for this purpose has
Kept inaccurate and false accounts
moneys OF the partnership over and
ABOVE al MS interests or the amount to
81, 900. $500 -
Ihat Dugan has paid out of the part
nershlp moneys to one Telford in the sum
u @oeo over and above the sum to which
Ie!Iord was entitled, and the same was
PAID without the knowledge, understand
ing or consent of the plaintiff and in de-
celt, concealment and Misrepresentation
as 70 the pialntlf; that upon hearing of
tne 1raudulent payments to Hager and
Ielford plaintiff demanded a restitution
and accounting of said partnership from
Dugan and a return of the moneys so
paid out and taken by the misconduct of
Dugan, but Dugan refused to comply:
that Defendant Dugan threatens to con-
tlnue to collect and convert to his own
use and benefit and appropriate to his
own use other funds and moneys belong
ing to the partnerships; that though re-
quested to do so the defendant, Thomas
r.. Kinds. has refused to join with plain
tiff in bringing this action, but on the
contrary has approved of the acts of
Dugan in diverting the funds of the part
nership from the proper channel. and for
this reason Kinds is made a party to the
action.
The plaintiff asks that the partnership
be dissolved, a receiver appointed, that
an accounting be made, that the defend
ants be restrained from interfering with
the debts, moneys, property or effects of
the said co-partnership: that the prop
erty of the firm real and personal be sold
and the co-partnership debts and liabili-
ties be paid off and the surplus divided
between the plaintiff and the defendants.
They are here-the blue-coat col
lectOrS.