The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1927-05-20
THE BOND CASE.
1t viii Be Decided by the Supreme
Court MOnday-SOme Interest
ing Developments

ing Developments
The question of restraining the
commissioners of Gallatin county
from issuing the $4,000 in bonds re-
Gently sold by them will be decided
The interesting local developments /
this week were decidedly amusing.
Attorney Luce objected to the suf-
ficiency of J.. D. Radford and Els
berry Martin on the $4,000 bond fur
nished and the gentlemen were cited
to appear before acting Judge B. E.
Vail and give an account of them
selves. After a thorough judicial in
vestigation, occupying most of We'd
nesday, the judge decided that the
bond was good.
The prosecution has been endeav-
oring to procure the agreement be-
tween the county officials and the
Commercial Exchange bank to the eff
feet that the money borrowed should
not be used but left on deposit until
the bonds were sold, bearing z per
cent to offset the warrants drawn,
ETC., but the contract has not been
forthcoming. About the time the suit
was brought it is said that two of
the county officials borrowed it from
the county treasurer and it has not
lem seen since. A certified copy of
J. has been promised, and it is pre-
su.led it will be forthcoming. The
defense evidently intends to stand on
he record, which, Of course, does not
snow the true inwardness of the
d.. aasactions.
, Inc following statement of the
l case, as it now stands before the SUI
preme court, is. taken from the Hell
ena Independent:
The plaintiffs, who are residents of
Gallatin county, allege that March
t IS, 1894, the board of county COM
s missioners pretended, wrongfully and
unlawfully, on the faith of the county
e to borrow from the Commercial Ex-
= change bank of G~allatin, for the pre-
tended use of said county, $4,000,
; and to issue therefor the pretended
n warrants of the county; which said
: warrants the said bank pretended to
accept in the amount of $40, 900 on
the funds of the county" The plain
tiffs then allege that at the time of
the pretended issuance of the pretend.
j ed warrants there was not any sum
e of money due the bank, or to become
due, and that the bank did not ther
or ever pay, or promise to pay, any
sum Of money for or on account Of
s said warrants, and that no money
l. has been paid on said warrants BY
e. the bank.
,ei The plaintiffs further allege thai
it was agreed between the commits
siOners and the bank that the war
S rants were issued for and represent
ed only $4,000, provided by the banl
lie to be deposited by the bank to thu
credit of the county, and the warrant
were not to draw any interest, ami
that the money represented by tn
=. warrants should not be drawn agains
,, by the county or paid out by tn
bank, except that the commissioner
should issue bonds of the county in
:. sufficient sum to realize from thei
, sale enough to pay the warrants.
- The complaint also alleges that tn
4 question of borrowing $4,000 wa
never submitted to the voters of tn
county, and that the commissioners j
pretending to borrow $4,000 froI
the bank did so for the purpose {
creating a fictitious indebtedness
against the county upon which t
base an issue of bonds. The complain
alleges that on March II, 1894, til
legal outstanding warrants and order
of Gallatin county did not excee
$4,000, and that the county has n
legal outstanding bonds that are no
due or soon to become due.
The complaint then reeites thu
ty despite the fact Of this small indeb
~ edness, the county commissioners d,
IL cided, March 10, 1894, to issue COZ
he pom bonds to the amount Of $4,000
ut 6 per cent; that these bonds wei
duly advertised and sold May 1, 189
u- to the Farmers and Mechanics Sa'
p ings bank of Minneapolis, and tn;
II the commissioners have unlawful
ordered the bonds to be prepared, ex
cuted and delivered to the bank. TT
nd complaint then recites that the pr
posed issue of bonds is without al
tke khority Of law-that if issued the
!" would greatly increase the burden
taxation, and the court is asked fl
zee relief.
uD Cockrill and Pierce are attorney
for the plaintiffs.