Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1905-11-09
STATE OF
m ON NTANA
vs.
C. w. Bailey and United States
Fidelity and Guarantee
Company

An action was fled Thursday in the
district court, wherein the State of
Montana is plaintiff, and Charles w.
Bailey and the United States Fidelity
and Guaranty Company of Baltimore
are defendants.
The complaint recites as follows:
THAT defendant company is COR
poration, doing business in the State
of Montana.
2-That on February II. 1901, an act
Of the legislative assembly OF Montana
was approved whereby the County of
Rosebud was created and defendant.
Charles W. Bailey, was appointed
county clerk and recorder Of said
county.
3-That said Bailey duly qualified
as such county clerk and recorder and
entered upon the discharge of his du-
ties March 1, 1901, and was thereafter
at all times the duly appointed, quail
flied and acting county clerk and re-
corder Of said county from the 1st day
of March until the 9TH day of Janu-
airy, 1908.
4-That on February 18, 1901, the
said Charles w. Bailey, as such ap-
pointed county clerk, with the defen-
dant, the United States Fidelity and
Guaranty company, executed bond
to the county for the sum of So, 600,
for the faithful performance of his
duty as county clerk and recorder.
5-That it was the duty of the said
Charles w. Bailey as county clerk and
recorder to examine the skin or skins
of all coyotes, coyote pups. wolves
and wolf pups exhibited to him by the
person claiming bounty thereon, and
to receive the affidavit of the person
claiming such bounty that the said
animals were killed within the coun.
ty where the skins were exhibited,
and to issue to such person a bounty
certificate emitting such person to re-
ceive from the state of Montana boun-
ty money for the number and kind of
animals as evidenced by the skins ex.
hibited to and examined by such coun-
ty clerk as aforesaid.
6-That the said Charles w. Bailey
did not we'll, truly and faithfully per-
form his official duties as said county
clerk and recorder of said Rosebud
County, but has been guilty of a
breach of his official bond and in his
official duty in this: That he did dur.
ing period during said term of office,
and on and between the 4th day of
February, 1902, and the goth day of
December. 1909, at his office in Rose
bud County, and under his official
signature and seal Of said office, issue
certain false, forged, raised and fraud
ulent bounty certificates, amounting
in the aggregate to the sum of $4, 41O,
then and there knowing same to be
false, forged, raised and fraudulent
bounty certificates and more particu.
larly described in Exhibit A.
THAT the false, forged, raised and
fraudulent bounty certificates, issued
by said Bailey. were presented to the
state board OF examiners and were ap.
proved by said board. and that the
state auditor afterwards issued his
warrants for each and all of the sale
fraudulent certificates, and the sale
warrants were paid by the state treas
urer out Of the bounty fund that sale
State of Montana, by breach of officia
duty on the part of said defendant
Charles W. Bailey. as such count,
! clerk and recorder. was cheated an(
defrauded ont Of the sum of 81. .410 o
it's bounty money.
S-That prior to the commencement
of this action. to-wit: On the 23rt
dav of October. 1905. the State of Mon
tana. the plaintiff in this action. de
manded payment of the said sum O
money. s4.410. of the defendant. tn
United States Fidelity and Guarant
Company, but that said sum has no
been paid and that the same is nov
due the plaintiff.
The second count in this importan
suit is practically the same AS tn
first, excepting that the defendant
Bailey, was elected to the Office q
clerk and recorder. and entered upo
his official duties on January 5th
1908, and during this term of offic
issued false, forged and raised bour