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

either on the part of the defendant or
on the part of the board of examiners,
nor were the facts regarding the own
ership of the pork in question con
cealed from said board by the defend
ant"
The findings show that the pork was
needed at the prison, was sold by de-
PENDANT at approximate cost OF prodtc-
ton and with very little II any pEoiit'
and that the state has retained the
same and not returned nor offered TO
return n Of it to the defendant.
Furnishing of Supplies
As to the fourth cause of action,
that relating to the furnishing or sup
plies for the defendants residence. the
court finds that the state did not sell
any goods. wares, merchandise or coal
TO the defendant at his special request
between Jan. /, 1909, ia April -,
1921, bit that the state acting through
the prison board, furnished defendant
his necessary maintenance Tor himself
and family as part consideration Ut his
services as warden, and in parI coz
| sideration for providing FOR some Of
the prisoners and as part consideration
for the use by the state at the prison,
prison farms, prison road camps and
other prison enterprises of approx
| mately 60 head of horses. harness,
| equipment, tools, implements, automo-
biles, warehouses, ice pond and ice
house and free use Of clay pits and
| stone for building purposes.
Bearing upon the fifth cause OF ac-
ton. that relating to the alleged re-
| moval by the defendant of goods from
the uriSon store ard warehouses at the
49,. &c {hn nhanna nf xr-arIpf1s the
findings show that all of the articles
so removed were the property or the
defendant, save and except a pipe cut
ting machine and 20 blankets which
were moved by mistake and later re
turned, and further finds that at the
time of the change of wardens there
were no shortages of bacon. flour, SUI
gar, coffee, canned goods or other S n
plies in the prison store, and that the
defendant never caused to be taken or
annropriated to his own use or to the
| use Of any other person except that he
| received his maintenance under the cir
eumstances ~hereinbefore detailed.
Sales of Water
Bearing upon the sixth cause of ac-
ton wherein the state sought to re
cover for moneys paid to the South
Deer Lodge Water company, of which
defendant was president, for water
used at the prison from Jan. j, 1909,
to April II. 1921, the finding show
hat by virtue of an agreement with
the board of prison commissioners
such sales were made at the rate OF
six cents per thousand gallons, aggre-
eating $36,S77.72 for that period, which
| sonable and much less than that for
which the state could procure water
from any other source. The findings
show:
That the reasonable value of the
plant and water owned by the Soutf
Deer Lodge Water company during al
the times aforesaid was and now is The
sum of $4,000.
THAT the gross annual revenue o.
the South Deer Lodge Water company
from 1909 to 1921 was sufficient only
to pay the operating expenses of sale
company, to defray a reasonable de
probation allowance on its plant ant
equipment and to pay approximately
81 per cent per annum on the reason
able value of its property"
The court finds that upon author
ization of the prison board one or two
convicts were used in the operation OF
this plant and on one occasion, in 1918
ut1eIlIhIL uSto liz " VI dDUuG Ut
~convicts to lay 1900 feet of latera,
pipe for which, he paid the convicts
personally a total of 1898 and that
the above is the extent 70 which con
Wet labor was used in the operation
of the plant.
AS to the seventh cause of action.
that relating to alleged conversion OF
prison brick. the court finds that in
1911 the state borrowed from Conley
& McTague 10000 brick required ir
the erection of a cell house with ar
agreement to return the same and
that the defendant subsequently took
and used 4O7 $50 brick belonging tC
the state which were utilized in the
erection of buildings on the Silo ranch
the Lack place, the construction OF
two warehouses and Cat there still
remains due the defendant 32,31S
bricks of the reasonable value OF
$3323.1S. The court finds that the de.
PENDANT did not take or convert to his
own use any brick belonging to the
entitled.
Brick for Pavilion
The court finds that the defendant
has accounted to the state for al
brick manufactured at the prison brick
plant and sold and that the sale OF
119,120 brick at the reduced price OF
81 to the firm of Conley & McTague il
1920, was purchased by that firm for
the city of Deer Lodge for the erection
of a municipal pavilion, that the price
was authorized by the prison board
and that the firm Of Conley & Nc
Tague had no personal interest in the
transaction and made no profit there
from.
As to the ninth cause of action, the
court finds that the state through the
prison board. purchased a brick plant
and some land from one John Berne
for the sum Of $1,000 Of which $4,000
was to be paid in cash and the re-
naming $4,000 was to be paid in brick
at the market price, in addition to
10000 brick which were in the yard
when the state took over the plant
and that defendant did not ~wrongfully
convert any brick to his own use as
had been charged in this cause.
Under the tenth cause of action the
court finds that the defendant did not
in June, 1921, or at any other time
convert to his own use any ice belong
ing to the state, but holds that when
he took back his ice house and its con-
tents after the termination of his Of
flee as warden, he did so under an
agreement made with the prison board
in July. 1908.
Prison Garage Equipment
AS IN tho alavapth - oc ,o.:o.