The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1901-11-22
CASE IN COURT
Substance of Complaint Filed
Against Ex-Commissioners

filed against ex-Commissioner A.
n. Tucker, by County Attorney
Graham, to recover excess of salary,
mention of which has been made
in these columns. Similar COM
plants are filed against Sisson and
Dittemore. The aggregate amount
claimed to have been "wilfully,
wrongfuny and unlawfully and
fraudulently" over-paid the ex-
commissioners by themselves is
$3547.5O.
That during said term of office
J the said defendant Aaron n. Tucker
as County Commissioner aforesaid,
commencing on the 9th day of Jan
uary, A. d. 1899, and ending on the
18th day of January, A. d. 1901,
he, the said Aaron n. Tucker, will
fully, wrongfully, and unlawfully
and fraudulently received of and
from said plaintiff the county of
Kootenai, for per diem and expen-
ses as such County Commissioner,
the sum of twelve hundred and
seventy three dollars ($1273,0C in
excess of his legal per diem and ex
penses during said term, and in ex
cess of any sum that he the said
Aoroo N T,,ozar ,,oc unJor tha
laws Of the state of Idaho, entitled
to collect or receive Of or from said
plaintiff for per diem and expen SEES
as such County Commissioner dur
ing his said term of office That
said defendant Aaron n. Tucker
collected ard received Of and from
said plaintiff the County of Koot-
enai for per diem and expenses as
such County Commissioner for and
during his term of office, the sum
of nineteen hundred and seventy
six dollars aud twenty cents
($197620) as is shown by his veri-
fled claims therefore fled with and
! allowed by tie Board of County
Commissioners of said Kootena
county, and Kootenai county war
: rants therefore in accordance with
said allowance were duly issued by
the auditor of said Kootenai county
and delivered to said defendant
Aaron n. Tucker, copies of sale
: claims marked Exhibits "B" "C'
cd" "E""F" sc" "H""I" 81" "K'
and ''L' respectfully are hereto at
: tached and made a part of this
complaint,
That under the laws of the stat
of Idaho, the said defendant Aaror
6 n. Fucker. as snch county com
missioner was entitled to collect o.
receive from plaintiff as such count,
Z commissioner, not to exceed for o
during his said term of office the sun
3 of seven hundred and three dollar
= and twenty cents ($703 20), an,
that by so wilfully, wrongfully ant
: unla wfullyand fraudulently collect
e ing and receiving from said Koot-
enai county the said sum of twelv
8 hundred and seventy-three dollar
. ($127300) in excess of his lega
8 per diem and expenses as aforesai,
he committed breach of his off
8 cial bond or writing obligatory.
M TX
i. That plaintiff on the - day O
| -- A. d. 1901, made de
! mand upon said defendants for tn
said sum of twelve hundred an,
s seventy three dollars ($1273 90
s but that said defendants refuse
8 and still refuse to pay the same an
8 that there is now due, owing an
8 unpaid from said defendants to thi
8 plaintiff the said sum of twelv
+ hundred and seventy-three dollar
a ($1273.00).
: Wherefore plaintiff prays jude
, ment against saii defendant Aaro
n. Tucker as principal, and again.
said Sam Curoe, Martin J. Cole
man, Christopher Loan, VIM.
McConaghy and I. J. Smith q
sureties to the extent of their res
= pective liabilities for the said SUI
o. twelve hundred and sevent,
three dollars ($1273.0O) togetht
ls with interest thereon from the at
n day of January A. d. 1901, at I'll
+ rate of seven per cent per annun
~ JAMES GRAHAM,