The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1900-06-01
THOAPSON'S CASE
And the Argument Made i'm Connection
Herewith by Judge Strang.

lhereWlth By Juuge Strahg
j. G. Strang, attorney-general, coun-
sci for the territory Of oklahoma in
the suit to recover from Frank NJ.
Thompson, territorial treasurer, the
IS, ,003 received as interest on public
funds and converted TO his own use.
has fled in the office of the clerk Of
the oklahoma supreme court his brief
showing that Thompson is not entitl.
ed to the interest money. The lead-
ing arguments in Thompson's brief,
claiming that he was entitled to the
interest money, were lately printed in
the Leader. Briefly, counsel for Mr..
Thompson con:ended that the treasur
er was debtor to the territory, and
not bailee or trustee for him, and in
the absence of a statute the law which
makes a treasurer a debtor relieves
him from liability for any ihterest re-
ceived upon the finds while remain
ing ia his possession. The last section
of page 2 of Thompson's brief, said:
The legislature has not by any
provision empted to control the
treasurer in his use of the money, has
not designated how it shall be kept, or
where to be placed while under his
control. Neither is there any law to
prevent him from using and treating
the money as his own while in his pos
session. Neither is he required to
keep In his possession the Identical
moneys received, But he may receive
gold, silver or paper money and ray 1t
out to the creditor Of the territory in
any kind he may have on hand to meet
] Il, III . 80 . l, 6.A
may make payments by his own pri-
vate check, in case the party receiving
/ the money is satisfied TO receive such
check. In truth, the only requires
ment upon the part of the treasurer is
that he shall safely keep the money
and pay the same out as directed by
! law"
Attorney General Strang takes an
entirely opposite view to that contain
ed in the section quoted from Thomp.
sons brief, and says that 1.-The legisla-
ture of the territory has not only at
tempted to prevent the treasurer of
the territory from treating territorial
funds in his possion as his own, but
has succeeded, so far as the legisla
ture goes, in doing So" Section 9, of
general section 1858, statutes Of 1898,
relating to the treasurer, is quoted as
| follows:
"He shall as often as required sub
NIT his books, accounts, vouchers and
the funds in the treasury to the in
spection of either branch of the legis-
| lative assembly, or any committee APP
pointed for that purpose by the legis-
lative assembly or by the governor,
and the committee so appointed is
here empowered to administer to the
treasurer an oath, and it shall be its
duty to rigidly examine him and all
! his clerks, deputies and others under
oath touching all matters connected
with the business of his office, such
committee shall require the funds of
the territory in the hands of the treas
urer to be produced in cash, and
counted in it's presence, and shall see
that the money so counted is not Dor
rowed, and to determine that fact may
compel any and all persons to appear
| before it on subpoena issued by and
served and testify fully, and if it has
if it has good reasons TO belive that
any part of the money so offered to be
counted is borrowed, the committee
shall retain all the money so offered
as the funds of the territory and place
it in safe keeping until the matters
may be fully investigated, and if the
treasurer be retained in office the
funds shall be returned to him, il not
retained, the fund shall be paid to his
successor as soon as he may be induct-
ed into office. If there is good reason
to Inspect any fraud in the treasurer,
the governor shall appoint such com
mittee and order and investigation
Each member of said committee shall
be allowed SO per day for the time
necessarily employed"
"It will be seen" says the attorney
general that this section not ouly re-
quires the treasurer to provide in cash
the funds of the territory, to com
mittee sppoi DO the Legislature or
governor to be by them counted, but
requires the committee to see TO it that
the funds produced are the money Of
the territory, and if the committee
has good reason to believe that any of
shld funds are borrowed it may retain
all of said money in its possession as
money of the territory until the mat
ter lis investigated. This section Of
the statute, it seems to me, clearly
settles that the treasurer is required
to hold the money as the property OF
the territory, instead of holding 1t as
his own. Nor do / think the officer
may pay the funds of the territory
out of his own private check. To &c
so requires that the funds of the ter
ritory may be deposited To the personal
and private account OF the treasurer
- doctrine which the territory holds
is clearly without the pale Of the law
and which would lead to confusion
ond consequent corruption. The sta
tute quoted above requires the funds
of the territory ID be held by the