The river press. [volume] (Fort Benton, Mont.) 1880-current, 1906-10-31
SUITS FOR INTEREST
Attorney General Galen Commences Proceedings
Against Present and Former State Treasurers.
Complaints Allege That Large Sums Have Been
Retained BY Public Officials.

NSIalAISu Oy T
HELENA, Oct. 25.-Four suits were
filed in the district court today by AL
bert j. Galen, attorney general for
Montana, to recover for the state S245,
600 alleged to have been received by
three state treasurers from banks as
interest upon state money. The de.
PENDANTS are j. H. Rice, the present
treasurer. and A. H. Barrett and
Timothy E. Collins, his two prede-
cessors. In each case the treasurer
and his bondsmen are made defend.
ants.
There are two suits against r. E.
Collins because of the fact he gave
two bonds during his term of office:
one is for S45, 900 and the other for
csc, 900.
The sums asked by the state from
the treasurers are as follows: j. H.
Rice. 100000; A. H. Barrett. $50, ,0OO:
T. E. Collins, s1O5, 700. The com.
plants in each case are identical in
language except the names of the de-.
PENDANTS and the amounts asked.
The complaint in the action against
J. H. Rice and his bondsmen, the
United States Fidelity & Guarantee
company, reads as follows:
1.-THE plaintiff complains and al.
leges that the above named defendant,
The United States Fidelity & Guaran.
ty company is, and at all times here.
matter mentioned, was a corporate
duly organized and existing Under and
by virtue of the laws of the state OF
Maryland, and as such duly author
lied and empowered to become q
surety upon official and other bonds
In the state of Montana.
"That the above named defend ant,
j. H. Rice, is and ever since the first
Monday in January, 1905, has been
the duly elected, qualified and acting
treasurer of the state Of Montana.
"That on the sixteenth day of No.
vember, 1904, the said }. H. Rice, de-.
fendaut, as principal, and the said
United States Fidelity and Guaranty
company, as surety, made, executed
and delivered to the said plaintiff, the
official bond, in writing of the said
j. H. Rice.
"That on the tenth day of Decemb mber,
1904, the said bond was duly approved
by the Hon. j. K. TOole, governor of
Montana.
"That the said j. H. Rice, as such
treasurer azores aid, between the first
Monday of January, 1905, and the
thirty.first day Of August, 1906, re-
ceived large sums of public funds and
moneys belonging to the state of Mon.
tana, and loaned to and placed and
kept on deposit with divers banks,
banking associations and firms, from
time to time q large portion of said
public funds and moneys belonging to
the state Of Montana which came into
his hands as such treasurer, with the
agreement or understanding that such
banks, banking associations and firms
should pay as interest or compensa-
tion for such loans or deposits, per-
centage or interest upon the average
amount of such loans and deposits. at
certain rates for certain fixed periods,
at certain definite times.
THAT the said j. H. Rice, as such
treasurer, has received as interest or
compens alton upon such public funds
and moneys Of the state of Montana
so loaned or deposited, the sum of
0,000, no part Of which sum has been
accounted for by him as public funds
or moneys Of the state, or paid over
by him to the state of Montana, or to
the treasury of saidI state; that said
treasurer has wrongfully, unlawfully
aud fraudulently, and in breach of his
trust failed and neglected to account
for, or to pay over said public funds
and moneys of the state ,of Montana,
and has wrongfully, unlawfully and
fraudulently, and in breach OF his
trust, converted and appropriated the
same to his own use.
THAT he said j. H. Rice as such
treasurer as azores aid, has wrongful
ly and fraudulently, and in breach of
his trust, failed and neglected to re.
port to the governor OF the state of
Montana the full amount of all moneys
iu his hands and the place or places
where the same is kept on deposit, in
this, to wit:
THAT the said j. H. Rice as such
treasurer has wrougfully failed and
neglected to report to the said gov.
eruor the said sum Of $50, 900 received
by the said J. H. Rice as such treas.
urer, as interest on compensation up
on public funds and moneys of the