The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-04-17
THOSE INTEREST SUITS.

THOSE INTEREST SUITS.
The recent action of Attorney Gen.
eral Galen in requesting the court to
dismiss one of the suits he commenced
last fall, to recover interest on public
funds, impresses the Yellowstone Jour.
nal and other observers as somewhat
peculiar. It Is generally understood
that the statute of limitations does not
apply to q crime that has been con-
cealed, but that lie n of the reasons
advanced by the attorney general in
this particular case. Other features
Of the proceedings are the subject of
this comment by the Miles City news.
paper:
Do you remember the dissolving
views that were quite q fad before the
moving pictures came in? They were
stereopticon pictures, thrown on q
screen and while you looked at them
they would ''dissolve" and in q little
while there was nothing left and your
attention q taken up with3something
new. Reading the news from Helena
last week one is prompted to wonder,
If not to ask, is this; "dissolving"
process to be the end of the suits
that we're SO zealously instituted
against the state t%reasurers of the
past decade. for the recovery-or at
least an accounting-of the "slush
fund.- that has rolled into1 the state
treasury for 80 many years, in the
way of interest on the state funds, and
which has no representations on the
official records Of the treasurer, for in
the Helena papers we read that the
attorney general has recently fled
some sort of q paper-the proper one
of course-in the district court of
Lewis and Clark county, requesting
the dismissal of the suit of the state
against Timothy Z. Collins, Ga former
state treasurer.
The reasons assigned by the attor-
ney general for this procedure are in
teresting. After reciting that suits
were brought against the present state
treasurer and his predecessors. Bar
rett and Collins, to recover sums OF
money alleged to have been wrongful
ly retained by these officials, the same
being the interest rake-off, amounting
in the case Of Mr.. Collins to some S45,
600, in which the bondsmen we're also
included, the attorney general is
quoted as explaining "that he is not
possessed of sufficient evidence to
prove a case and obtain a judgment
for q definite amount against the de.
PENDANTS Collins and his bondsmen
upon the complaints filed, that if pos.
sible to secure Judgment at all i,
would be a matter of great expense
and further that the action against
Collins is barred by the statute OF
limitations.
We submit that this does look right.
It may be that the attorney general is
misquoted but If not, why was the &c
tion; brought If it was barred by the
statute of limitations and If so barred.
why these other for dropping
it. And in the name Of the sovereign
state OF Montana. what has ''expense'
to do with the question Of pluggins
q graft and laying the CRATER by tn
heels. Another high.priced deput!
has just been added to the attorne.
generals Office by courtesy OF the leg
islature, so it would seem there ough
to be no dearth of attorneys to prose
cute. and, owning the courts and tn
machinery of the law, II Montana car
not protect herself from open robber
because Of the "expense,'' the outloo
is poor indeed.
Another grievous wrong that is b
ing inflicted because of the pendenc
of this suit and another reason why
should be dismissed-sO runs the new
item from Helena-is that the bond
men of Mr.. Collins are so much Ell
barrassed because of their liabilil
on his bond, ''that in I'LL fairness ar
business to the parties, and in the /
terest OF the public service, it appea
that the suit should be dismissed wit
out prejudice to the institution of a
other similar case should it seem nc
essary hereafter"
The layman will naturally ask vi
the bondsmen should be concerned /
cause of an ''outl awed" liability, q
why should their embarrassment be
reason for the state to let 60 OF its
curity, II not outlswed? The proml
to institute another suit "should 1t
deemed necessary" is to q the lei
q queer suggestion. If it should 8
pear to be necessary SO to do, WI
would such q suit amount to with I
security released? What are bono
men for II not to hold to account VIII
1t becomes necessary? Imagine