The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-09-05
WHY HE CAN'T HOLD.
Supreme Court Decision in
Thompson's Case.
is MERELY THE CUSTODIAN
And Not the Owner, as Con-
tended, of Public Funds.

Guthrie o. T., Sept. 4.-The supreme
court this morning handed down an opin-
ion in the case Of Frank NJ Thompson,
territorial treasurer, who is being sued
for interest received on public funds in
his possession amounting to S5.086. The
opinion was written by Justice Burwell
and affirms the decision OF the lower
court that the treasurer is not entitled to
interest received on territorial funds. One
of the striking features of the opinion IS
that 1t sweeps aside conflicting prece-
dents and boldly establishes a new rule
for the territory:
Treasurer Thompson when asked for an
expression concerning the opinion said:
"AIl 1 have to say at present is that the
territory shall never lose one cent on my
account"
'WiI you carry the case higher?''
81 do not know"
The case is entitled F. NJ. Thompson
vs.. Territory of Oklahoma; appeal from
district court Of Logan county.
SYLLABUS.
Territorial funds received by the terri
torial treasurer remain the moneys of the
territory until paid ont according to law,
and the treasurer and every other per-
son charged with the receipt, safe keep
ing or disbursement of such funds are
prohibited from loanng them either for
their own private use or for the use Of
the territory, and from in any way ap-
propriating them to their own private
Use. The territorial moneys must be pre-
served by the treasurer and remain under
mis- control at all times so that they may
be forthcoming at any time to meet the
obligations of the territory. but the
treasurer, although not required to do so.
may deposit territorial funds in a bank
in his official capacity and accept inter-
est from such bank for daily balances,
provided the moneys remain absolutely
under his control and subject to payment
on his demand; but the interest received
on such deposits, being earned by the
funds Of the territory, becomes terri
torial moneys in the treasurer's hands,
for which he must account, and he has
no right whatever to appropriate such
interest or any part thereof to his own
use or benefit
In prefacing his opinion Judge Burwell
in this case has been before the courts
Of different states a number of times and
that the authorities are somewhat con-
fictng. In fact, in some Instances the
same court has apparently held both
ways on the question; but as this is the
first time that this court has been called
upon to lay down a rule for this territory,
no attempt is made to harmonic and dis
tnguish the apparently conflicting au-
thcrities If, in the writer's opinion. some
other rule is better and safer and is in
Tine with true legal principles when con
Eidered in connection with our own
s,atutes
THE plaintiff in error" Justice Bur
wen proceeds, contends that when he
received any money as territorial treas
urer under the law it became his indi-
vidual money and he had a legal right
TO do what he pleased with it; that he had
given bond as required by law to &C
count for all moneys coming into his
hands; and that the territory must look
q the bond alone; and that the simple
relation of debtor and creditor existed be-
tween him and the territory when there
was any money in his hands which was
rs he was only a debtor of the territory
he had a legal right to loan the funds,
receive interest thereon and to keep the
same for his own private use and bene-
it In answer to the voluminous brief.
in which are cited a number of cases
which support the contention that the
territorial treasurer IS a debtor of the
territory and is entitled to receive inter
est received I'm the funds in his hands.
II is admitted that perhaps the greater
number Of adjudicated cases adhere to
that rule. But without expressing any
opinion as TO the correctness OF these
cases. the court declines To follow them
because under our statutes we believe
that the territorial funds in the hands
Of the territorial treasurer are not the
teasurer's individual money but remains
the money Of the territory until properly
paid out by the treasurer In due course
of his Official duties; and the fact that
the legislature has failed to provide a
public depository Tor the territorial funds
makes no difference
An examination Of our statutes A." IN
the language Of the opinion. from he
ginning TO end fails to disclose a single
section which indicates that the treas