Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-01-20

The action asks for an accounting
upon the part of Conley for all trans
actions by him as warden of the peni-
tentiary relating to the management
and control of the states property and
demands judgment against Conley for
any sum that may be found to be due
from him to the state.
All Based on Probe Report
The action is based upon the report
Of the investigation made by L. II.
McDonald-who was appointed by
Governor Dixon to make such an in
vestigation-which charges Conley
with failure to account for property
owned by the state and in his posses
sion and with converting to his own
use large quantities of supplies. ma
chinery and equipment belonging to
the state, to the value of 100000.
The complaint sets forth that a
fiduciary relationship was established
between Conley and the state under
which Conley became trustee of the
states property within his control.
Avoids Multiplicity of Suits
The complaint sets forth that the
accounts of various transactions be-
tween the defendant and other persons
are in the possession of the defend
ant, that it is impossible for the state
to ascertain the nature of such ac
counts without an accounting and
that the rights of the parties thereto
otherwise could not be determined
without the instituting of numerous
actions. involving protracted litiga-
ton, which would be costly and might
extend over a period of years, and for
this reason there should be an account
ing by which the issues should be
speedily determined. Such an account
ing is asked to cover the period from
the time the state obtained title to the
prison. in January. 1911. up to April
II, 1921, when Conley was removed as
warden.
Dixon Suggested Course
Conley was warden of the state pris-
on at Deer Lodge from 1911 to 1921,
at which time he was succeeded by NJ.
w. Potter. On July 6. last, Governor
Dixon appointed and commissioned Mr..
Macdonald as an investigator to ex
anime and inquire into the affairs and
conditions of the penitentiary.
The Macdonald report. when it was
transmitted by the governor to the
state board of prison commissioners in
November, caused a statewide sensa
ton. Conley had been in charge of
the prison for number of years under
the old contract system and was named
as warden in 1911, when the contract
operation was abolished.
Governor Dixon. in his letter trans
mitting the Macdonald report to the
prison board. recommended that ac-
ton be taken to recover for the state
the value of property alleged to have
been misappropriated by Conley. The
executive left for a conference of gov
ernors in the east Immediately after
turning the report over to the state
board.
The Story FIuke
Acting Governor Story then appoint
ed committee of three to inquire into
1.-The truth or falsity of the charges"
This committee set a date for hear
ings to begin. Then Governor Dixon
returned and increased the committee
to seven members. Attorney G. r
Nolan. chief counsel for Conley, met
with the prison commission in a two
day. session and at its conclusion an
his client would not consent
to hearing before a board, commits
sion or committee. He demanded the
charges against the former warden be
taken into court.
ATTORNEY General itankin decldeu
that suit for an accounting was the
quickest and simplest way of testing
the Conley charges. The complaint
states that, the matters involved in
the adjustment of the accounts be-
tween plaintiff and defendant are If
great public concern and demand
speedy determination in one action. and
that by including them in one action
there will be a great saving of time
and expense to the state