Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-02-25
'CATHR0, LEMKE
AND COURIER
y.
NEWS NAMED
Conspiracy Alleged by At
torney in Legal Action
Opened Today.
District Court Asked to
Make State Treasurer Gus
todian of Fund Balance.

bismarck, N. D.. Feb. 25.-Charges
that former Attorney General VIII
nam Lemke applied portions of the
so-cailed "Lemke Fund" to "other
purposes and other uses not intended
oy the donors, and to his own person.
al ana private usese, purposes
ana ends, and that the Fargo Courier
IHews I'.S olo not up to and including the
1in DAY OF February, 1921, deposit
az the collections Heretofore receiy-'
go oy 1t In the said Lemke fund" and
tnat the said Fred Wing (fornner
business manager of tho Cour&sr.,
NeWs). on information and baAef. ~
tnls plaintiff alleges. appropriated ana
converted to other uses and purposes
than those intended by the donors"
are made by Attorney General Syeinb.
lorn johnson in a suit filed in the
burleigh county district court.
The attorney general asks the court
TO declare a. trust existed in, the fund
with the state of North Dakota as the
beneficiary. and that the, treasurer of
tnee state hoyneAd4- rcuAx6djau OF the
unexpended portion Of the fund - ~
expended As provided in the trust
The attorney general alleges thsk
tnere are several thousand dollars of
unpaid bills incurred by the former
attorney general. which should be paid
out of the "Lemke fund" as directed
by the donors.
Mr.. johnson does not ask that he
be given control of the fund, but suc-
gests that the state treasurer be nam
ed TO execute the provisions of the
trust. The case may be heard in the
district court at the April or Nay
term.
Several Defendants.
The suit is brought against wirrfam
Lemke. The Courier-News Publishing
company. corporation; F. W. Cathro.
FRED Wing and the state of North Da-
kota doing business as the Bank of
North Dakota
The complaint sets out that the
Lemke fund" was collected through
the Courier-News for the purpose ar
providing funds for Mr.. Lemke to use
IN prosecuting railroad rate cases. and
tnat the purpose was so stated in the
Courler-News when it appealed TO-
FUNDS. The appeal for funds is set
out, with Lemke's statement he could
not otherwise fight the rate cases.
The attorney general sets out that
1t is his information and belief that
the contributions to the fund were
not less than $4,000, and that I'D to
and including February II. 1921, the
Courier-News had deposited in the
Bank of North Dakota the sum Of
S.432.S2 collected for the fund. de-
post slip was issued to William
Lemke.
The complaint charges that not all
money collected was deposited and
reads:
That the said defendant. the Cour-
ler-News, did not up to and includ-
ing the 1lth day of February. 1921
deposit all the collections theretofore
received by it in the said Lemke fund
Tor the purpose heretofore described:
that the said defendant, the Courier
News Publishing company, has at all
times refused. neglected and wholly
failed to account for any further re-
celptS for the said Lemke fund donat-
ed for the purposes herein set forth
although the said Courier-News Pub
fishing company, the defendant here
in, has received for said fund, and for
the purposes herein set forth. from
various donors. citizens. of this state
large sums" and that the Courier
News. has wholly failed, refused and
neglected to turn over to the plaintiff
or the present attorney general" or Ia
any other source the balance To he
used for the purpose for which it was
given. fr
In Cathro's Charge.
The complaint alleges that F.. w
Cathro, former director general and
manager of the Bank of North Dako-
ta. short time after deposit was
made in the bank, took personal