The Birmingham age-herald., 1907-11-14
FRAUD ALLEGED IN SUIT FOR MONEY Former State Treasurer Sued
 for $20,000 STATE FUNDS ARE HANDLED Receiver for Bank Briggs Suit To Re. cover Funds Which Were Lost In
 Banks Failure Occurring
 Two Years Ago.
STATE FUNDS ARE HANDLED

Pttsburg, November 13.-Thomas Rina- ker receiver for the Enterprise National bank of Allegheny, today filed suit in assumpsit against Frank G. Harris, ex- state treasurer of Pennsylvania, claiming $20,00O with interest from October 23. 1903.
 This suit is on two drafts of S10000 each, made October 21 of the same year to the order of W. II. Andrews. terri torial delegate to Congress from New Mexico, and indorsed by MT. Harris. One draft was paid through the Common wealth Trust company of Harrisburg and the other through the Clearlield Trust company of Clearfeld.
 These notes were concerned in the or ganizatlon of the Pennsylvania Develop ment company.
 The summons in the case was issued re- turnable the next return day, which is the first Monday in December The state ment filed by Receiver Rinaker alleges that Harris frequently made loans through the Enterprise National bank. The petition recites that after his cleo tion as state treasurer in 1901 the Penn sylyania Development company was con- tinually in need of money, and from May l. 1902, until May l, 1904, Harris deposited in the Enterprise bank state funds to the total of $20,935,000.
 The drafts upon which the suits are brought are alleged to have been made by Cashier T. Lee Clark of the En- terprise bank in favor of w. H. Andrews on the Merchants National bank of Philadelphia, where, it is said, the Enter prise National bank kept a consider able deposit
 l.; of ,rla int al that the Pennsylvania Development com- pany was formed in 1901 by Andrews, Clark, Arthur Kennedy and Francis J. Torrance with Clark as treasurer. It's purpose was the development of coal and timber lands in New Mexico. In May 1902, Harris was given the office as state treasurer and assumed his duties as such official, remaining in office until the first Monday in May, 1904.
 During this time he had the power to select the Repositories for state funds, and acting in such capacity, he had dc posted, it is alleged, in the Eenterprise bank, various sums ranging from $425.0oo to S1,140,000 in all aggregating the i'm mense total of $20 935 ,000, on which 2 per cent interest was to be paid by the bank
 The bill of complaint further avers:
 ''In order that Clark, as cashier, might accommodate said Pennsylvania Develop ment company ana said promoters tHeIe- of. including himself, with additional loans of money, said promoters of said Pennsylvania Development company, or some of them, in some manner unknown to the plaintiff, induced the defendant, Frank G. Harris. to select and retain the Enterprise National bank of Allegheny as one of the Repositories of state funds and to increase the amount of state funds deposited therein from time to time"
 The bill further says:
 "On the strength of this agreement as has already been charged and proven m the United States district court during the trials of the men convicted of complicity in the wrecking of the depleted bank, large sums were loaned by Clark for the sustenance of the Pennsylvania Develop- ment company"
 1t then alleges that Clark and Andrews entered into conspiracy to enable Har- ris to get money out of the bank by drafting on it's funds in the Merchants bank of Philadelphia, Clark agreeing to take care of and pay the drafts when they came in, and all without the knowledge e the banks directors.
 tt is alleged that Harris put this money it for this purpose and knew that it was fraudulently given him.
 It is claimed that demands for the re- payment of tine money have been made upon Harris but refused.
 The Enterprise National bank failed in lsO5 for over s2,0000O0. Cashier T. Lee Clark shot himself the morning the bank was closed by the government.