The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-03-20
INTO THE CIVIL COURT
Case Against IreasurerIhomp
son to be Removed.
CRIMINAL ACTION HELD UP
Pending a Decision Under the
New Proceedings.
CRIMINAL ACTION HELD UP

Guthrie, o. IT,, March 19.-The case
against Territorial Treasurer Thompson
who is charged with retaining the inter
est on pubic money, is set for hearing in
the district court tomorrow, but there IS
a possibility of the criminal action being
continued, pending a determination Of the
treasurer's rights in the matter through
a civil action. The friends Of Treasurer
Thompson contend that in converting the
interest money to his personal use he was
simply following out an established
precedent upheld by numerous legal
authorities. which hold that the treasurer
and his bondsmen are liable only for the
sums of money actually entrusted in his
custody If this contention is correct, 1t
would seem to follow that a criminal ac-
ton would not lie. and it is now proposed
to bring a civil suit 70 determine whether
or not the treasurer is liable for the in
terest money, the criminal action in the
meantime to be held in allegiance until
the matter is determined. 1t is under
stood the county attorney has consented
to the proposition but the matter Will not
be definitely decided until the return Of
Governor Barnes, upon whom will fan
the responsibility Of directing the attorney
general to commence the civil action to
compel the treasurer to pay the interest
money into the territorial treasury.
Late this evening Governor Barnes, who
is in Shawnee with the board Of railway
assessors, sent word to Attorney Strang
+f,a
above, and the following petition, minus
the legal caption. was thereupon filed in
the district court:
THE plaintiff for a cause Of action
states that the above styled cause is in
stituted under the direction Of Cassius
NJ. Barnes, governor or Oklahoma terri
tory. as shown by his order and letter
hereto attached, made part hereof and
marked exhibit "A
THAT J. c. Strang is the duly appoint
ed. qualified and acting attorney general
of Oklahoma territory.
THAT the defendant. Frank NJ Thomp-
SOM is the duly appointed. qualified and
acting treasurer OF Oklahoma territory
and was indicted into Office on the 1st
day of July, 1897, and during all times
hereinafter mentioned was the qualified
ard acting treasurer of Oklahoma terri
tory.
THAT as such treasurer it became and
was the duty of said defendant 10 receive
the moneys and revenues belonging to the
territory of Oklahoma and safely keep
the same until such time when, under the
law, he was required to pay the same out
upon warrants legally drawn upon the
Al IL -,
his .-ands
2ihat by virtue of his Office faid defen-
daht received into his hands at various
times large sums of money for the use
and benefit Of the territory Of Oklahoma
and deposited the same or portion
thereof in the Guthrie Natinal bank, a
banking corporation located in the city
Of Guthrie oklahoma territory, and said
moneys so deposited as aforesaid while
remaining in said bank were at all times
the moneys and property of the territory
Of Oklahoma.
That under and by virtue of an agree
ment made by the defendant with J. W
McNeal president of said bank, and hav-
Ing authority to contract on behalf of
said bank. it was agreed by and between
said defendant and j. W. McNeaL as
aforesaid. that for the use of said moneys
so deposited as aforesaid, said bank
should pay to said defendant interest
upon daily balances. of the moneys de-
posted in said bank belonging ia the ter
ritory Of Oklahoma at the rate of per
centum per annum.
That in compliance with said agree
ment and for the use of said moneys so
deposited as aforesaid, said Guthrie Ma
tional bank paid to said defendant at
various times between the first day of
July, 1897, and the 90th day of February.
1900, the sum Of $5e03. which said sum
the said defendant herein wrongfuliy de-
tains and refuses to account for as the
moneys and property of the territory of
Oklahoma.
And your petitioner states that all Of
said sum of $5,eo3 so received as afore-
said by said defendant. was received By
him by virtue Of his office and was paid
TO him by reason Of the fact that the