The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-03-21
On AGREED STATEMENT
Of Facts Treasurer Thomp-
sons Case Submitted,
HONEST INTENT ADMITTED
Question In Shape to Go to
the Supreme Court
HONEST INTENT ADMITTED

Guthrie, o. T, March pas predicted
in these dispatches to the Eagle, when
the criminal case of the Territory VS..
Frank NJ Thompson, the territorial treas
urer, was called in the district court this
morning, the announcement was made
that under an agreement reached by the
court, the countyaattorney and the at
torneys for the defendant the case would
be continued for the term This temper
airy disposition of the case was agreed
upon in order TO allow the supreme court
to decide whether or not the interest on
the public moneys and revenues belongs
TO the treasurer or to the territory. The
question will be determined in the civil
action instituted on the relation Of the
territory against Treasurer Thompson,
and In order to expedite the matter the
parties to the suit have agreed to submit
the case on the following statement of
facts:
1T is hereby stipulated and agreed by
and between the territory of Oklahoma,
ex rel. j. c. Strang, plaintiff, represented
by the attorney general of Oklahoma
Territory, and the defendant in the above
entitled cause, as treasurer of Oklahoma
Territory, represented by his attorneys,
that the facts relating to the cause of
action set forth in plaintiffs petition are
as follows:
q. It is agreed that Frank NJ Thomp-
son is the daily appointed, qualified and
acting treasurer OF the territory Of Okla
boma, and that he assumed the duties Of
such office on the 1st day of July, 1897.
so. That as such treasurer, from time
n no
money in his official capacity.
"S. That he deposited said sums of
money so received, or a portion thereof,
in the Guthrie National Bank. of Guth-
RE, O. T.. and that under an agreement
with ]. w. McNeal president of said
bank, he received interest upon such de-
posits at the rate of per cent per an
mum upon the daily balances SO deposit
ed in said bank.
81 That from the date upon which he
was indicted into his office until Noven1-
Der, 30. 1890, he received from said bank.
as interest upon the daily balances so de-
posted the sum Of $500
IS That he has failed and refuse to
account to the territory Of Oklahoma. for /
the moneys so received as interest upon
the moneys so deposited as aforesaid. |
but retains the same in his possession. !
and for his own use and benefit
Sc. It is further agreed that at no time /
has the defendant failed in any manner /
to account for all the moneys received /
by him in his official capacity and com
ing into his hands unless 1t shall be held !
tina the is liable for interest thereon
at is further agreed that the said de- /
PENDANT has not accounted to the terri !
tory for any interest which he has recaiv- /
ed upon the moneys so deposited In the /
Guthrie National bank, said defendant /
retaining the same under an honest be-
lief and claim that said interest belonged, !
not to the funds Of the territory of Ok
lahoma, but that the same is Of right the
money and property Of said defendant
-. It is stipulated and agreed by and
between the parties hereto that the cause
above named may be submitted to the
court upon the facts herein set forth and
stated, for judgment counsel reservfng
the right to argue said cause before its
final submission to the court for judg-
ment. and each party reserves his right
to appeal from said Judgment.
]. c. STRANG, Attorney General,
Attorney for Plaintiff.
DALE & BIERER. Attorneys for De-
PENDANT.
Ex-Chief Justice Dale who IS Of coun-
sci for Treasurer Thompson, in an inter-
view today reviews the circumstances
which led up to the territorial treasur-
er's indictment and proceeds to give
some legal reasons in support Of the con-
tention that the treasurer is not liable to
the territory for interest money. In this
interview Judge Dale says:
During the time Of the meeting Of the
last legislature considerable discussion
was had relative to the question of the
territorial treasurer receiving and re-
tanning interest upon territorial moneys