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

connection the court finds that the
1 state received fair and sufficient con-
sideration in the furnishing by defend
ant Of automobiles for the use of the
prison.
That the defendant admits liability
on the 14th cause of action and did in
his answer to the amended complaint
herein offer to pirmit judgment to be
taken against him for the sum of
!Ss65.12 together with interest at the
legal rate from April IS, 1921
The Johnston Beef
The court in passing on the 10th
cause, holds in O similar n to
his holding on the third cause which
related to the sale of pork to the state.
In this he finds that Of the $4,000
worth of beef sold by George John
son. Jr., to the state for use at the
prison about $1,000 worth was the
property of Conley & McTague, and
that the presentation of claims for this
in the name of George Johnson, Jr.,
was no done with fraudulent or cor
rupt intent.
The general findings Of the court
are as follows:
The court hereby finds the issues
/ IN IAVOT Ol Tie uSlCu0dAb liz dSailHt
the plaintiff upon each and all of the
plaintiffs 10 causes of action herein
save and except the 18th.
.'Tpon the 18th cause of action, the
court hereby finds that the plaintiff
has a valid claim for the sum of S65.12
against the defendant.
The curt finds that during the entire
period of employment of the defendant
as warden of the state prison, the
board of prison commissioners, acting
as such, exercised full, complete and
continuous supervision and control
over the operation of said prison and
Of the several industries incident
thereto, and directed the handling and
administration of the property Of the
state in the possession and under the
control of the defendant as such
warden.
Accounts to State
.The court finds that the defendant
has accounted to the state for all
moneys and property OF every sort
and kind belonging to the state when
came into the possession of the defend
an+ as warden of the state prison or
otherwise from the first day Of Janu-
ary. 1909 to the 18th day of April,
1921. or at any other time.
..Tha court finds that all convict
labor employed by the defendant about
the prison or in and about the private
enterprises of the defendant from
January 1st. 1909 to April 18th, 1921,
was employed by said defendant upon
the authorization of the board of
prison commissioners, acting as a
board, and was in consideration OF
property furnished by the defendant
| for the use of the state
Conley's Counterciaims
Taking up defendants eighth coun-
tercIaim the court finds that on August
/, 1921. the state appropriated a Ford
automobile belonging to the defendant
. and has since retained such and that
the value of this car was $500. Upon
defendants ninth counterclaim the
court finds that on April IS, 1921, the
state appropriated to its own use
32.31S brick belonging to defendant.
which brick had a reasonable value of
$40 per thousand, a~ggregating S323.lS.
Opinion of the Court
The opinion of the court upon which
is based the findings of fact and CON
c~lusions of law is very volumlnous, con-
sisting of 1874 pages Of typewriter
matter. In this case is reviewed to
great length the evidence in some in
stances is reproduced and digested, the
Questions of law are discussed and many
court decisions in similar questions are
referred to and quoted.
The first law question gone into is
that relating to the liability Of the de-
PENDANT, as warden Of the penitentiary,
for acting as vendor of supplies pur-
chased by him for use in the prison,
and this question is discussed at great
length,
prosecutor developed every item of
evidence that might throw any possible
light upon the states case, and the
attitude of the court in the admission
Of testimony certainly in nowise m
barrassed him in this respect. BY the
admission of a great deal of this testi-
mony the defendant was placed at a
disadvantage in that he was required
to explain details of transactions that
were merely tangent to the issues in
volved in the case, but by the admis-
sion of such testimony the our feels
more secure in the conclusion reached,
that no fraud was practiced either by
the defendant or the members of the
several boards serving during the period
in question. A close scrutiny of all
the testimony introduced in this case
impels the court to the conclusion that
both the defendant and the members
of the several boards who served dur
ing the period of time in question acted
in all matters that are the subject of
this inquiry honestly and with one pur-
pose in view. namely, serving the best
interests of the state of Montana"
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