Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-11-28

30 the Dig suit Tor an &C.
counting, with its Is causes
containing demands aggregat-
Ing about S33O,OOO, settles
down with a sickening splash
and instead of obtaining a
judgment against Conley, the
state finds itself in a position
where it is indebted to Conley
in the sum of S558.06 together
18th Conley's court costs in
the proceedings.
The only item set forth by the state
as due from Conley which was main
tanned by the court was that Of $50. IL
for oil purchased by Conley for his
own use. from the Continental Oil com
pany, and which amount Coney ten
dered to the state soon after his relin
qulshment of the office of warden
On the other hand. the court finds
that the state is indebted to Conley
for Ford automobile of the value of
$500 and to a quantity of brick of the
reasonable value of $323.1S. AS to
the Walton ranch, which Conley
claimed he purchased as the agent for
the state and upon which he erected
13 ranch buildings, the court holds
that the state is entitled to take over
this ranch at any time before March
ID, 1923, upon the payment to Conley
of money which he advanced upon the
purchase price together with the value
of ma terials belonging to him and used
in the construction of the buildings, |
the two aggregating $13,255 with in
terest thereon.
Sale of Pork
The court finds, that in the sale to
the state for prison use Of pork, beef |
dairy products and water Coniey did |
not act corruptly but that all such |
sales We're made upon the authority of |
the state board of prison commission |
ers and that such commodities were |
sold by Conley at prices below the |
market price and much less than they
could have been obtained from any |
other source.
The court finds that the use of sup |
plies for his home and for his automo
bles were proper and in accordance
with an agreement with the prison
board, that Conley took no property
from the prison other than that to
which he was legally entitled, and that
he has accounted for all money and
property handled by him for the state
In the opinion which accompanies
the findings and conclusions the court
makes it plain that he placed little
credence upon the testimony of the
convict witnesses, placed on the stand
by the state, and also goes to consid
cradle length in crtiicizing T.. III. Mac
Donald of Kalispell, who made the
prison investigation at the behest of
Governor Dixon, for the reason that
he did not thoroughly investigate con-
ditions before making his report and
takes the view that the investigation :
was not conducted in an impartial .
,
Findings of Fact I
The document opens with the findings
of fact, general findings, findings upon
counterclaims, and conclu- !
sions of law, consisting of 81 pages !,
of typewriter matter, which are con- !
densed as follows: c
AS to the first cause of action. the {
findings Of fact show that in 1909, un- ,
der the direction of the board of prison
the defendant leased
Jointly with the state from Mrs. w. n.
Aylesworth, the Aylesworth ranch, near
the prison. consisting of 1920 acres
Of which 225 acres were irrigable, at / n
IN annual rental of $1,000, of which +
The state and the defendant were each | 4
o pay one-half: that under hte terms .
IF this lease defendant was to receive :,
Ill the hay and pasture, and the state h
Ill the grain and vegetables; that ap- =
so acres Of this irrigable
irea were in hay and the balance used
or raising vegetables for the prison;
hat after 1910 the defendant paid but
,ne-third of the rental and the crops =
.eived the entire produce; that after q
917 the state paid all the rent and re- u
eiyed the entire produc; that after !,
OFT defendant fed his dairy heard upon - -
lay FROM the Aylesworth ranch in !,
Continued on Page Ninc) RI