The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1900-03-20

treasurer in all instances is bound to
account for all funds received. That
is true no matter whether the funds
may be lost by reason of his negh-
gence or by reason of some act beyond
his power. In either event he would
be bound to make good the loss.
The decisions of the courts which
have passed upon questions of SINH
lar character, are not entirely har
monious, many of them hold that
where the liability is absolute, the
treasurer Is In the position Of debtor
while some few have undertaken to
make distinction by asserting that
while the treasurer is absolutely liza
ole, he Is yet in the attitude of trus-
tee, or bailee.
"The supreme courts of the states
Of Colorado, Indiana, Kentucky and
Georgia have each passed upon the
identical question here in dispute nm
der statutes similar 10 ours, and have
held thai the interest which the treas
urer receives upon the funds OF the
state deposited in banks, the money of
the treasurer, and this principal OF
law is applied because IL is held that
the treasurer is debtor of the state,
and does not stand in the relation of
bsilce or trustee.
lin case which came up in the
United States supreme court, where a
consul in China had received funds
belonging TO the government and
placed them in bank, and interest
was paid upon the deposit, IL was held
that the interest belonged to the fund
and not to the individual but under
the statutes OF the U1ited States it is
held that the liza ability of the custodian
of the Office is not at all times abso-
Lutte, that he stands In the relation OF
q trustee or bailee OF the government.
In Wisconsin a case Of considerable
Importance was under consideration,
and II was there held that the interest
belonged TO the state; but the supreme
court, In dealing with the question,
held that their decision wRa governed
by the statutes In that state, and that
the rule announced in Colorado, Indi-
ana, Kentucky and Georgia was, Ia
the absence of statute, the correct
rule. Very many OF the other states
have dealt with this question, but
their decisions are OF little Value TO US
In determining the matter presented
here, for the reason that in most of
the states the legislature has under-
b0hNh w NOhNAOA NnC HuGotAOnB anu Oh
course the Legislature has the power 10
do SO II it thinks 1t the part Of wis
dom.
"In our own territory the supre me
court has held that county treasurer
is absolutely liable for tie funds COM
ing into his posseEsion-that is to say,
he stands IN the relation OF debtor TO
the county; and we have no doubt but
that the supreme court OF the territory
will say that the territorial treasurer
stands in the relation of a debtor II
IL SO holds we think the conc usion
must follow that whatever Of interest
or income may be added 10 the funds
while In his possession belongs 10 the
treasurer, and not 20 the territory,
"The governor Of the territory, be-
iieving that the question is one which
should be speedily settled, and II the
territory is entitled 10 the interest the
territory should receive II, directed
the attorney general 70 institute an
action against Mr.. Thompson 10 re-
cover the interest received by him. Mr..
Thompson upon hts part has At all
times been ready 10 meet the question
ia a civil action ana is anxious 10
have Il determined. He directed ne TO
file an answer Immediately and stip-
ulatlon Of facts which would admit