The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-03-06
EE HELD ON TO
DISPUTED MONEY
How Trapp Evaded Judg-
ment by Statute of
Limitations.
SUED HIS SURETIES
subsequently all Papers Con-
cerned in Case Disappeared
From Files

special 90 Tho World.
GUTHRIE, March 5.--The pres
mt investigation OF Lieutenant-Gov-
ornor NJ. T.. Trapp by the state log
stature recalls the fact that ne
pleaded tho statute OF limitation in
tuc district court Of Logan county.
number OF years ago. when asked
through the courts to pay back
certain funds into the county clerks
Office. an office to which he was
elected In 1904, the first democrat
ever TO fill the office and the start
NJ Trapp upward until he has be-
como heutcnant-g governor.
rrnpp was elected clerk OF Logan
.1un'y I'm 1904 and was bonded In
the sum OF $4,000 by the American
surety company Of New York. AT
"r Trapp had finished his term. the
board OF county commissioners al
legged that ne had kept and failed
fp turn over the sum of sl1sq.7O
which they insisted belonged to the
county There were numerous items
claimed as fees by Trapp, n consid-
crablo sum being designated as Coy.
ot" affidavits' In January, 1911.
Logan county brought action against
Tupp and the surety company for
the recovery of the amounts claimed.
the case being docketcd as No. 777.
lu its petition the county alleged
Approved by Trapp.
Said NJ, T.. Trapp sworc to each
and all or said claims that said
claims were just and correct, due
and unpaid, and that the amounts
claimed therein We're actually due
according to the legal and ordinary
charges Tor such services. dollar for
dollar, and the said board OF coun-
~ commissioners relying upon said
false oaths and believing the same
90 be true allowed said claims and
said claims were paid by said Lo-
gan county upon the faith OF said
false representations"
In most instances Il Is understood
that when a county officer is sued
Tor the recovery of money claimed
by the people. the controversy is
submitted to the court upon an
agreement that there shall be no
evasion OF the matters at issue, and
that If the law IS against the officer
he shall without further question re-
turn the money
The course pursued by Trapp,
however, was to plead the statute OF
Imitation thereby avoiding the
question OF whether or not the ST.
S79.7O rightfully belonged to him.
This was done through "A demurrer
alleging that the causes OF action
did not arise within three years last
preceding the commencement OF the
suit,
Limitation Plea Sustained.
On December 2, 1912. tho Judge
W the Logan county district court
sustained tho demurrer on the
ground OF tho statute of Limitation.
saying: 1T Is therefore considered,
ordered and adjudged'''that the
defendants, NJ. Il. Trap and the
American Surety company"' Ego
hence without costs
When attention was called again
in 1914 TO the Logan county suit
against Trap, IL was alleged at that
time that the original papers were
missing from tho files of the district
court clerk. Trapp later became
state auditor and II was in his Of
flee that "Bnr McBriuc.~ his as
Sia'anL initiated the forgcries OF
state warrants amounting to ap-
proNimatcB $4,000.
IN invostigation of Logan county
court records, during the present
week, shows that the papers in the
case Of the Logan county COM
mIssioncrs vs.. NJ, T.. Trapp alias Ed
Z IA ats agH4N