The producers news., 1927-03-04

IL
have had no desire to shield anyone
or prosecute anyone. We have held
to the view that in the conflict of in
terests, personal or otherwise, the in
terests of the state were superior to
all other interests.
"We have subpoenaed and examin-
ed under oath large number of wit
nesses relative to alleged Irregular
tiles and improper conduct on the
part of the secretary of state. In
addition, official records have been
examined in detail. Testimony and
records have forced your committee
to definite conclusions. And we,
therefore, find:
"First-That said c.. 7. Stewart, as
secretary of state, under color of his
official authority, caused certain pub
locations to be made which were in
excess of the constitutional and stat
utory requirements to the extent that
the funds of the state of Montana
were squandered in a most reckless
and eXtravagant manner; where a
bare compliance with such require
ments would have amply satisfied the
object and purpose of such publica-
tion.
"Second-That he authorized publ
cations that did not conform to the
plain constitutional requirements-al
to the injury of the state.
"Third-That he in his official cap
acity, certified to and approved fol
payment invalid and unlawful claims
against the state of Montana, such
claims exceeding $4,000.
"Fourth-That he failed to con
form to the plain constitutional re
quirements placed upon him with re
spect to publications in 1922, and b!
such action, the people of the state
as expressed by their vote, and sucl
failure on his part was contrary t.
public policy and public interest.
"Fifth-That he has been guilty o
, misconduct in office, in that he has
! without lawful authority, apple
funds appropriated for salaries an
expenses of his office for one certai
: biennium to the funding of deficier
: cies arising out of the activities @
such office during the previous b
ennium. And that he has charge
;. items against one certain special fun
: which should have properly and law
:. fully been charged against the ger
= eral fund, thereby defeating the e1
. press intention of the legislative al
sembly to the detriment of the stat
of Montana and contrary to publ
policy.
"Sixth-That he had an interest
contracts made in behalf of the sta
of Montana by himself or by boar
of which he was at the time a men
Der, that he solicited and accepted r
muneration outside of his lawful sa
ary and compensation for the pc
formance of his duties in the letti1
of contracts in behalf of the state
Montana in his official capacity, al
that he improperly profited persona
: ly, directly or indirectly, by virtue
his official position, to the detrime
Of the state and contrary to pub
$ policy.
"Seventh-That he has failed
= perform his proper and legal duti
= as secretary of the board of exami
ers and failed to cause the recol
thereof to be kept as required by |;
--and such failure to discharge
duties is detrimental to the intere
> of the state, ~
"Eighth-Evidence adduced by 1
" committee shows, or tends to she
that said C. 7. Stewart, while acti
as secretary of state of the state
Montana, failed to discharge the
ties of his office with fidelity, as
joined by his oath of office; that
has broken faith with, and betra,
the confidence of, the sovereign p
pie of the state of Montana, and t
; he is unfit and incompetent to h;
longer entrusted to him the respo1
bilities of high executive office
the state.
"Now therefore, your commit
respectfully submits the above fl
ings and recommends as follows:
"That the house of representa-
of the goth legislative assembly
! the state of Montana do proc
forthwith to cause to be done
things necessary to effect the
parchment and removal from of
of said C. T. Stewart, secretary
state"