Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-01-28
JOHNSON GIVES CATHRO 3 DAYS
T0PR0DUCE RECORDS SHOWING
. WHERE 'LEMK E FUND.- HASCONE
Former Director General OF
Bank OF North Dakota Is
Held Responsible For The
Missing Records And Bal
ance OF Fund Supposed To
Be For Fighting State
Case.
lRy star CORRESPONDENT. }

(By staff Correspondent.)
Bismarck, N. D., Jan. 28.-At-
torney, General Sveinbjorn John
son learned today that F. w.
Cathro, former manager of the
Bank Of North Dakota, had left
Bismarck before formal demand
for the return of the balance in
the William Lemke fund, or an
accounting for the same had been
served on him by the Burleigh
county sheriff. The demand was
given to the sheriff by the attor-
:ney general, late Friday, and Mr..
Johnson understood that service
had been secured early in the
evening. He therefore made an
announcement to that effect. 1t
was discovered today, however,
that through some hitch on the
part Of the Burleigh county Off
cials, service had not been obtain
ed before Mr.. .Cathro's departure.
AS a result Of this Mr.. johnson
said today that the demand would
be forwarded to the sheriff Of
Bottineau county with instruc-
tions to serve it on Mi. Cathro
immediately.
Given Three Days.
q. vrH .>&,.. 4. fo,oo, NJ C,+hro tina =
ne will be required to return this fund
and the records covering 1t removed
by him within three days after the
service Of the notice.
This Is the, second demand that has
been made on Mr.. Cathro for an ac-
counting of the fund. On January ~,
Mr.. johnson wrote to him asking that
he explain what had become Of the
balance which. 30 far as any record OF
payments was concerned. should have
been found In tho Bank of North; DA-
kotA but was not to be SO found.
In reply to this letter. Mr.. Cathro
wrote sayinE that tAas the matter Was
one concerning William Lemke and a.
Mr.. Lemker. was out Of the state pc
would make no statement IN the mat
, ter until he could consult ME-. Lemke' s.
Although It appears that the
aLen1ke fund in,question was IN poses
sion Of Mr.. Cathro as manager ot the
Bank of North Dakota and deposit
slip was issued for at least part OF IT,
the fund does not appear to have peen
carried on the books of the bank as
a deposit but seems to have been kept
as q separate fund in the bank build
ing in the custody of Mr.. Cathro.
Formal Demand Made.
Mr.. Johnson's formal demand Tor
an accounting Is as follows:
January ~, 1922.
Mr.F. w. Cathro,
."Bismarck, N. DIS
Dear Sir: @
"ReferrinE. again to the matter
covered in my letter of January II,
and your answer thereto, dated Janu-
my "a, beg to advise that your fall
ure to comply-with the demand IN my
communication of the 18th has not
been satisfactorily explained. there
fore repeat the demand made hereto
fore, and particularly In behalf OF the
Bank Of North Dakota.
II hereby demand that you return
to the bank the deposit which was
made in the Bank of North Dakota by
the Courier News Publishing Co., and
the balance of which deposit, amount
ing to at least $3.e27.24, you removed
from the bank personally. also
hereby demand tnat you return 10 IHe
bank all vouchers showing payments
made from such fund, which. was de-
posted IN the name of William
Lsmke, as attorney general Of the
state Of North Dakota, and which
fund was trust fund, to be used only
for certain purposes specified in the
trust, namely, the protection of the
interests Of the state Of North Dakota
as such interests were supposed to be
wrapped : up In litigation pending
when the fund was created, or which
might thereafter be commenced. =
II am making this demand at this
time In behalf Of the state of North
Dakota, the Office Of attorney general.
and particularly, Of the Bank Of
North Dakota, from the records Of
which you removed these vouchers
aforesaid and from the funds Of
which you removed the aforesaid
amount, and all evidence of the de-
/: posit Of the same in the Bank Of
North Dakota. f78 ,>.'F.ft Saa
S...At the time you removed this
amount Of money. and these records,
you were director general Of the bank,
and q such You were entrusted with
the cnstody and care Of the funds ana
records in the bank. Sg
You will be expected to return this
fund, and the records removed by you.
within three days from the date Of
the ssrvice Of this demand upon you.
Yours very truly. Sveinb5orn Johnson,
Z. Is n