Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1902-06-21
THE WARRANT CASE.
County Treasurer Restrained From Pan
ing Warrants Issued Prior to
Feb. Ia. 1901.


County Treasurer Restrained From Par
ing Warrants Issued Prior to
Feb. Ia. 1901.
Below We print the decision Of Judge
MCGEE in the case of Custer county
against S. G. Lummis, as treasurer OF
Custer county, restraining him from pay
ing any more county general fund war
rants issued prior to February IA, 1901.
The decree has been entered by the
clerk of courts, and was served on Mr..
Lummis last Monday. The money now
on hand, and all that is hereafter re-
ceived belonging to the county general
fund, will be applied In redeeming war
rants issued subsequent to the above
date.
The above entitled cause coming on
TO be heard upon the affidavit Of q. f..
Smith, attorney for the plaintiff, and IL
appearing ~ the satisfaction Of the Court
that the summons and complaint, to.
gether with the affidavit Of Israel Bow
er, Chairman Of the Board of County
Commissioners of plaintiff county, was
served upon the defendant herein, S. C..
Lummis, on the 9th day of May, 1902,
and it appearing to the satisfaction ofthe
court upon an examination of the affi-
davit of G.. +. Smith, attorney for the
plaintiff, that no answer, demurrer or
other pleadings have been filed by the
defendant and that no appearance has
been made by the defendant, and it ap-
pearing to the court from an examina-
tion of the complaint herein and the af.
fidavits of G.. +. Smith and Israel Bower,
that Just cause of action exists against
the defendant herein, and that the pray
or of the plaintiff should be granted, and
upon an examination of the statutes of
the State of South Dakota, and the
records in this case, it appears to the
satisfaction of the court that provision
has been made for the payment and call
ing in of the legally issued outstanding
unpaid Custer county general fund war
rants against said plaintiff county as pro-
vided by Chapter "a of the Session Laws
of 1901, and by order of the electors of
Custer county, South Dakota, and resolu-
ton of the board of county commission
ers of said county. And IL further ap-
pearing to the satisfaction of the court
that the moneys now in the hands ofthe
defendant treasurer ofsaid county should
be applied to the calling in and paying
off of the county general fund warrants
which have been legally issued and reg
istered by the officers of said county
since February 14th, 1901, the same be-
ing Issued since the date on which other
provisions have been made for paying
the previously issued outstanding coun.
ty general fund warrants Of said plaintiff
county, and it further appearing to the
satisfaction of the court that the county
commissioners have legally ordered the
issuing of bonds bearing four per cent
Interest from July lst, 1902, and that in
terest cease Or all outstanding general
fund warrants, registered prior to Febru-
ary 14th, 1901, in excess of four per cent
per annum on and after July 1st 1902.
The aforesaid bonds being issued for the
purpose of calling in the aforesaid war
rants. which said bonds bear interest
from July lst, 1902, at The rate of four
per cent per annum.
Now, on motion Of c. E. Smith, attor-
ney for plaintiff. it is ordered, adjudged
and decreed that the defendant, S. G..
Lummis. as treasurer of Custer county,
South Dakota, his successors in Office,
his or their deputies, agents, servants or
any one acting for them, be and they
are hereby perpetually and forever re.
strained and enjoined from in any man.
ner whatsoever paying any the county
general fund warrants of the plaintiff
county from county general fund war
rant dated October l4th, 1891, number
2054, registered October 23rd. 1891 regis
ter number 693 to county general fund
warrant dated January End, 1901, num-
her $685., register 1918. inclusive, out OF
the moneys now in his hands or here
after to come into his or their hands be-
longing to the general fund ofsaid plain
tiff county, and that the said defendant,
s. G. Lummis, shall not receive said war;
rants or any Of them issued prior to
February l4th,. 1901, in any manner
whatsoever excepting, however, that the
aforesaid legally issued county general
fund warrants may be received by the
defendant treasurer for taxes as provid-
ed by law, or in exchange for bonds of
said plaintiff county which said bonds
bear date July 1st. 1902, and interest at
the rate Of four per cent per annum. and
the said Sc. Lummis. or his successors
in Office are hereby ordered to receive
any of the aforesaid warrants which
have been legally issued and registered
as provided by law, and shall exchange
bonds therefor, in accordance with law
and the instructions of the board Of
county commissioners of Custer county,
South Dakota, and the said 8. G. Lum.
mis-. as treasurer, his successors in Office,
their deputies or servants are hereby re.
strained and enjoined from computing
interest on any of the aforesaid county
general fund warrants received in ex.
change for bonds at any rate Of interest
in excess of four per cent per annum on
and after July LIST, 1902.
And il is hereby ordered that the rate
of interest on the aforesaid warrants
shall not exceed four per cent per an
mum on and after July 1st, 1902, and
that all bonds issued in exchange for
said warrants as aforesaid shall bear a
rate of interest and be computed from
and after July 1st, 1902.
1t ia further ordered that the defend
ant S. G. Lummis as treasurer of the
plaintiff county and his successors in
Office appropriate and pay any and all
moneys now in his or their hands, or
hereafter to come into his or their hands
to the calling in and paying of of the
legally issued and registered outstand-
ing and unpaid county general fund war
rants of plaintiff county issued and reg
istered since February 14th, 1901, in their
order of registration, as provided by law.
Dated at Rapid City, South Dakota,
this 18th day of June, A. d. 1902.
BY the Court:
LEVI MCGEE, Judge.
Attest:
J. R. SMITH, Clerk.
Filings Received.