The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-07-30

lamation and irrigation OF about $4,000
acres OF land situated within the bound
aries OF the said plaintiff Irrigation dis
triet and for domestic use for the oc-
cupiers of such lands, and between the
day of April, 1906, for the purpose of
raising the necessary funds with which
to acquire water rights. rights of way
for canals and reservoirs. and for the
construction of diverting and distributing
works necessary for supplying such lands
with water, duly issued the coupon bonds
OF the said plaintiff to the aggregate
amount of s52s.sO of the par value
thereof I'm three series; first series. $751;
900; second series, s145,00o; third series,
500, 600
z That in the construction OF such
reclamation system. expensive surveys
were necessary, numerous contractors and
sub-contractors were engaged for years
in such construction work, largo uuan-
titles of supplies were required. thou
sands Of warrants and orders and re-
ceIpts were issued in relation to the pay
ment of accounts against such plaintir,
taxes were levied and colecteA, making
necessary numerous items of account; In
fact, long and complicated accounts were
necessary TO be kept In relation to the
sale OF the said bonds, furnishing sup
plies. settling with contractors and sub
contractors, levying and collecting taxes;
were kept, they were kept under the di-
rection and supervision OF the said de-
PENDANTS and In the manner hereinafter
stated.
8. That between tho 5th day OF May.
1902, and the 9th day of January, 1909
and while the defendants were so acting
plaintiff. and while the said defendants
were each receiving salary from tho
said PLAINTIFF for the services so being
rendered by the said defendants, and
each OF them, as such officers OF the
plaintiff. the said defendants, Arthur w.
Hart, George c. Parkinson and A D..
Henderson, for the purpose of circum-
venting tho laws of the state of Idaho
relating to the disposition OF bonds OF
; irrigation districts and the management
of the business of irrigation districts. ana
thereby cheating and defrauding the said
, plaintiff out OF the money and property
!, belonging to said plaintiff and convert
Ing the same to their own use, and eacn
OF their and benefit, confederated
and conspired together to circumvent the
said laws and to cheat and defraud the
said plaintiff out OF the money and prop
erty OF the said plaintiff and convert the
same TO their. and each OF their, own use
and benefit in the manner hereinafter
stated; and during the samo time and
while they We're so acting as I,aE. the omi l,,
while receiving pay from said plalntins
!, for such services, the said defendants
and each OF them, by their acts as such
employees and agents OF the said plain
tiff, did cheat and defraud the said plain
tiff out Of large sum of money, to wit:
About $4,000. the exact amount OF
, which is to the said plaintin unknown,
and have failed to account to the said
pIaintin therefor or any part thereof.
That to a large extent the said ac-
counts Of the plaintiff under the direction
| of the said defendants, were incorrectly
kept and In many ways false or dummy
| accounts were kept, false entries were
made, warrants were issued and cashed
without the signatures of the proper OIL
GERS, stubs of warrants issued and cashed
were left blank, entries OF accounts were
kept on slips of paper; but not entered
slips were lost or destroyed; a very large
amount OF the money so received from
j the sale of the said bonds OF the plain
ti6 district was deposited In the per-
! sonal names of the said defendants anu
| especially in the name of the said de-
fendant, Arthur w. Hart. without the
knowledge and consent OF the said other
, defendants; a very large amount OF the
claims against the said plaintin for the
construction of the said irrigation sys-
tenn were paid by the personal checks
, of the said defendant, Arthur F. Hart
large sums, aggregating as this plaintif
is Informed and believes and so charges
the fact TO be, about 100000 of the
money SO belonging 10 the plaintiff. and
while so In the personal names OF the
said defendants, was loaned out as the
:, personal money OF the said defendant
Arthur w. Hart, on interest, and which
interest has not been accounted for tc
the plaintiff or any part thereof; but
while the money of the said plaintiff was
so in the names of the said defendants
personally, large numbers OF interest
bearing warrants of the plaintT were
, issued in direct violation of the statutes
to pay accounts of the said plaintiff, and
such warrants were purchased and spec
ulated in by the said defendants with the
: money of the said plaintiff wronGfully
r In the possession OF the said defendants
{ and large profits this plaintiff is in.
formed and so charges the fact To- be
were thereby made by the said defend
ants, ana which profits. nor any par
: thereof, have not been accounted for b5
G the said defendants; that large sums o
G money of the said plaintiff. while ST
s wrongfully deposited to the persona
: credit Of tho said defendant. is credited
by said defendants to have been paid ou
as commission for the sale o
d bonds of the plaintiff, in direct violation
of the statute in such case made anc
: were collected by the said defendant, fo
i and on behalf of the said plaintiff mucl
a of which has not been accounted for u
the said plaintiff; that very larg,
: amount of the business Of the said plain
Y tiff was transacted In the personal name:
G of the said defendants and especially IL
the personal name of the defendant. Ar
i thur W.. Hart, and much Of the accounts
r of such transactions do not appear ol
: the books OF the plaintiff: in fact. lon,
and complicated accounts must be cX
), amned TO determine what has becom
u Of the money of the plaintiff received
e from the sale OF the said bonds OF tn
O plaintiff and from the collection of tn
J., taxes on behalf of the plaintlff by sal,
4 defendants.
u .. That the various fraudulent act
Il Of the said defendants were not know
V or ulScONeGCu dnu tDulQ not DC EnOWl
l. or discovered by the plaintiff until. o,
a or about the 2lst day OF November, 1908
when the said plaintiff corporation wa
q causing an auditing OF the accounts o
- the said plaintiff corporation to be made
whereupon by reason OF the auditing o
Il the plaintiff corporation so being made
IS the attention OF the paintiff corpora
II tIon was for the first time called TO tn
numerous discrepancies In said accoun
I, and upon inquiries and investigation
~ then and there made, numerous facts 4
'e relation TO the fraudulent acts OF tn
u said defendant was for the first tim
e. brought 10 the attention of the said plain
n tif,
le 10. That the said defendants and eac
q of them have at all times failed and ne
n elected and refused, and still fail. nc
- glcct and refuse. To account to the plain
tiff for and on account OF the said trans
actions. or any of them, though oftc
requested so to do.
~ Wherefore. plaintiff prays judgmen
i against the said defendant as follows:
First-That an account may be take
n OF all the corporate dealings and trans
in actions Of the plaintiff during the tim
the said defendants: and each of then