Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1907-11-06
TO RECOVER
BOND MONEY

Suit Instituted by BOndSmen for
Former City Clerk Up for
Hearing Friday.
A special term of the district
court was held at Willmar last Fri
day before Judge Powers of Granite
Falls. 1t was the hearing in the
suit of A. J. Ekander and Ole Barn
stad, bondsmen for former city
clerk Osmundson, VS.. w. T. Mark
hus, F. H Void, John Williams,
G. W. Tyler and F. G. Handy, the
four former members of the council
in 1912, and the latter city treas
urer at that time. The suit was
for the recovery Of S698.28, a part
of the money paid in 1904 to the
city of Willmar by the plaintiffs
in settlement of the deficits of Clerk
Osmundson. Attorneys Kerr &
Fowler of Minneapolis were the at
torneys for the plaintiffs, while
Samuel Porter of this city ap-
peared for the defense.
1t will be remembered that when
the expert accountant, Mr.. Donald
son, probed into the condition of
the city finances under The notori-
Gus regime Of the selfstyled RE
publican administration, there
was found by him to be a shortage
in the clerk accounts Of some five
or six thousand dollars. However,
the succeeding city council compro-
missed the matter with the defunct
clerks bondsmen and a settlement
was made for $1400. It now trans
pires, however, that certain men,
bers Of the city council under the
old regime knew Of the shortage
and even aided the clerk in making
out his doctored report at the close
of the fiscal year March 21, 1902:
that between the 21st Of March
when the annual report was made,
and April 9, when the new council
took Office, they allowed the city
clerks bills for his salary and for
money paid out for freight, etc.,
without attempting to hold the same
for the city, tho they knew of the
shortage; and not only that, but they
voted an additional salary of $500
for his services as secretary Of the
water and light department from
19Ol-02. It is on the grounds that
the above named defendants, men,
bers of the city council at that
time, knew of the deficit but made
no effort to hold this money for the
city nor inform the clerks bonds
men Of the actual facts so they
might have been able to protect
themselves, that Messrs. Ekander
and Barnstad are now suing these
former aldermen for the recovery
of part of the money paid in settle
ment with the city.
The points Of law in the case had
previously been argued before the
Judge at a special term held at Ora.
mite Falls some time ago. The ses.
sion held here Friday was for the
examining Of the witnesses in the
case and some very sensational testi.
mony was brought out. But the
hearing, which, it would seem
gave promise to be a lengthy. long
winded affair, was very brief in
deed, owing to the fact that short
age was not denied and nothing il
the city finances was touched upo1
except such as had direct bearing
on the bondsmen's case; and alst
for the fact that the defendant S at
torney for reasons best known t<
himself did very little in the wa!
of cross-examination Of the wit
nesses or stirring much into tn,
past records. However, enough O.
the lid was raised to give the peo
pie, had many been present, a littl'
peep into the inside conditions O.
the financial department Of the cit.
council at that time.
: After the testimony Attorne.
Porter moved that G. w. Tyler an.
F. G. Handy be dismissed from tn
5 suit. In the case Of Mr.. Hand,
the motion was granted as nothin,
in the testimony went to show tha
: the treasurer had actual knowledg
> of the shortage at the time.
The arguments of the attorney
: in the case will be presented to tn
a Judge in briefs, and the judg
stated that he may not be able t
! [give his decision in the case unit
: probably next February. The cas-
seems to hinge on the question
the law will hold the finance CON
r mittee liable or not.
al Misses Regina and Anna Syverso
: of Arctander started yesterday fl