Saturday news. (Watertown, S.D.) 19??-19??, 1916-08-17
LANE GETS 4 YEAR
IN Pen, & CONIplEN CHG
WE'D DNESDA A Y AUG. Is
Vas Watertown Ii Existence ii 1913 and 1914 u WI.
4 Mere Myth The Question Raised by Lane 1 Las-1
yer May Have Far-reaching Effect Upon Possible
Attempt 70 Recover The City's Money That CIung to
Former City Auditors Hands Z

Charged with smbezalement on
certain specific instances. @. AZ, Lane.
former city auditor, appeared before
Judge Sherwood Tuesday and pleas
gatilty. receiving sentence or four
years IN the penitentiary at Sioux
Falls. Deducting allowances fo. good
behavior, Mr., Lane wilt servo two
years and eight months. assuming thai
his case is not appealed and that
his behavior is good thr5 dshput.
Zane was taken 10 sioux Fails
Wednesday to begin serving his SEN
tence.
Some time ago States Attorney
Haugan. City Attorney & q. Mather
and Examiner e. I. Lanpy went ta
Rapid City and had an interview vita
Mr.. Lane. 1T was then that Mr. Lane
gave them q written confession, achs
nowledgingt be theft Of about sl3, 600
Warrant sworn out.
Later States Attorney Haugan
caused d warrant To be issued for Mr..
Lanes arrest, and Deputy Sheriff Ed,
Powderly was entrusted with the serv.
ing Of the papers. l37
Mr.. Rowderly returned Monday
evening with his man; took him be-
fore Judge Myers, where he waived
examination and was held In $1,000
bonds and remained over night In
charge Of the deputy sheriff, appear
ing the following morning before the
circuit court as stated Is
Mr.. Haugan had not included all, Of
the items indeed. but few of them
lin his complaint There are still
charges that may ss,e brnpa gainst
Lane upon the expiratin1 of his term
OF imprisonment II the authorities
choose to bring action, or in case he
escapes under the principle put for
ward by Mr.. Hanten. ss ~.
Hanten Raises Technicality.
John 3. Hanten, Lanes attorney,
raised point OF law, or fact, which
may have considerable bearing upon
Iany action that may Of might be
drought against any Of the city Off
cials under the commission form e
recover any portion Of the Lane defal
cation. 1t also has some bearing upor
4 the Lane case.
/ Hanten cited the constitution which
i recognizes but four classes. OF cities
slhe said. These four classes es-citie'
OF the first, second and third class
i land towns or villages were provide.
! for by the legislature. Without chang
Il ing the classification, q law was er
acted permitting the formation or ol
4 ganization OF commissions for tn
4 government OF cities. This create
/ still another class, or a fifth Class
q which is not permissible undeG th
Il constitution. Mr. Hanten contende'
Il He also applied It to the Lane cas-
declaring that Watertown had b
q legal existence, IA fact. from the tim
,, OF the organization under the con
mission form to the time OF the r,
classification In March. 1915, by th
legislature, when commission-gover,
!. ed cities were brought under the col
4 stitutional classification.
No Crime Committed.
3 Having no existence. there wac d
Il resp onsibility;; hence, nobody coul
steal from anything which had no K
1 gal existence; therefore, technical
/ speaking, Mr.. Lane had committed d
Icrime.
We are giving the broad meanin,
4 of Mr.. Hanten's point, not using hi
j Language.
Mr.. Hangar contended, III reply
without discussing the merits of tn
point raised BY Nj. Hanten, that syel
though his. contention were wei
founded II could not apply to Mi
Lane. Lane, said the states attor
|ney. had served as city auditor, ia.
dealt with Watertown as city
whether e had q legal existence ii
not, and, hence, could not now prop
erly take advantage Of the technic1
point raised even though wen found
ed III
The court endorsed Mr. Haugan'i
view without expressing ID opinlol