The Kalispell bee., 1902-08-22
THE TRACY REWARDS.
Believed That the Governor Exceeded
His Authority.


His Authority.
AS the matter of paying the re-
wards offered for the capture of Ban
dit Tracy has come before the proper
custodians of the state funds, it is
quite apparent that there is a serious
question about the regularity of the
governors offer of $2,5O0 for the cap
ture of Tracy. The law under which
the governor is authorized to offer re-
wards is subdivision 8, section 100,
of Ballinger's code, and reads:
He (the governor) may offer re-
wards, not exceeding $1,000 in each
case, payable out of the state treas
ury for the apprehension of any per
son convicted of felony who has
escaped from the state prison, or of
any person who has committed or is
charged with the commission of a
| felony"
There is no question about Tracy
having committed a felony. He had
committed several when the offer of
the governor was made-and was
still at large. He has since been
captured and the captors are now at
the portals of the state exchequer
asking for their reward They must
of necessity go to the state auditors
Office for the warrant on the treasury,
the same to be drawn against the
fund set aside for the purpose of Of
| fering rewards. The sections of the
law governing the conduct of the
state auditor are 134 and 1876 of Bal
linger's code, and the latter reads as
follows:
THE state auditor shall, in no case
issue any state warrant unless there
is law authorizing the issue of the
same, and every warrant shall state
the act under which it is drawn; and
if any state auditor shall issue any
state warrant not authorized by law
he shall forfeit and pay fourfold the
amount of such order to the state, to
be recovered by action against the
auditor and the sureties on his Off
cial bond"
The situation at the auditors office
finds men claiming $2,500 for the ap-
prehension of one Tracy under the
offer made by the governor. The
auditor turns to the law and finds
that he cannot issue a warrant for
more than $1,000 of the apprehension
of any person. Even if the COVER
nor had gone into the fugitive's ante
cedents and learned that the fugitive
had committed innumerable felonies.
there seems to be no machinery of
law by which the list of felonies,
which the captured fugitive may have
committed, can be brought before the
state auditor.
After Tracy entered the state of
Washington nearly everything he did
was felony, Compelling men and
women to do his bidding at the point
of his gun was the same character of
; offense as the shooting of the men
who were seeking to arrest him, al
though upon conviction he would be
subject to a less punishment.
Does the law contemplate that the
governor may offer an aggregate that
will be equivalent to $1,000 for each
felony that the fugitive committed? :?
1t may be a proper question for law
yers to debate, but the prima facie
. indications are that the captors of
, Tracy can obtain only $1,000 from the
, state. At any rate it would look as
) though the auditor would be justified
in waiting for an order of court be-
fore he draws his warrant upon the
treasury.
This may seem like hardship on
, the five men who went out and cap
tured the famous bandit, but the laws
are made to protect the treasury and
the people of the state who contrib
ute the money-and no one will seri-
ously criticise the state officers for
asking the advice of the attorney
general before auditing and paying
the claims.