The Western news. [volume] (Libby, Mont.) 1933-current, 1937-10-21
Witness Indicted

US.
Witness Indicted y
One Indictment charges Leland
|E. Trip of Eureka with felony.
He is charged with the commission
s'of the crime of presenting false
and fraudulent claim for allowance"
against Lincoln county. It IL al
legged that he filed claim against
the county dated June I, 1887, and
claiming the sum of $3.50 for
transportation of self and County
Commissioner Frost in trip from
Eureka to Helena. and Butte and re-
turn, securing WPA county wide
project" It IS alleged that such
claim was contrary to law.
Trip was largely responsible for
the grand jury investigation He
compiled some 40 charges and pre-
scented them to- the grand jury, ap-
pearing before the jury as one OF
the chief witnesses. II is said that
during the Investigations by the
jury, the alleged telonous crime by
Trip was discovered
An indictment was likewise re-
turned against Frederick Gath OF
Eureka, Wl1o is charged with prac-
ticing medicine without license.
The crime is a -misdemeanor.
Violates Corrupt. Practice Act
| 1t is understood a. third indict-
ment was returned charging mis-
demeanor against, q man for viola
| ton of the corrupt practice act in
that he circulated circular during
a political campaign without his
name appearing thereon as the au-
thor Further information Ia not
available as papers have not yet
been served on this man.
| Several specific allegations are
set UP against each of the three
county commissioners, none OF which
alleges corruption. Most Of the al
legations grew out of the incurring
of bills in excess of the road and
bridge budgets, which excess ag-
gregated approximately $4,000. 1t
l is alleged, in substance, that each
of the commissioners was guilty of
Willful misconduct in making and
incurring expenditures against both
the road and bridge funds after the
4 funds had been exhausted
Some of this excess grew out of
confusion regarding the law. The
road and bridge funds are divided
into thirds, one for each commits
sioner district, according to a gen.
tlemens agreement The law does
not recognize such division, SO it
is said. Commissioner Frost ex-
hausted his third Whereupon Com
missioners Kensler and Kemp re-
fused to okeh claims filed against the
road and bridge funds and incurred
under Commissioner Frost. Kens-
Ter and Kemp still had money in
their funds. 1t is alleged that the
law does not recognize such a di-
vision of the road and bridge funds
and that Kensler and Kemp should
have approved legitimate bills as
filed against those funds as long as
there was any money in said funds.
The claims they refused to approve
were against Frost's third of the
fund, as they maintained. They
are charged with violation of the
law in not approving bills as filed
as long as there was money in the
funds.
} Alleges Emergency" Illegal
Commissioners Kensler and Frost
illegal act in the declaring of an
emergency in the sum of $4,000
for the road fund on April 8, 1886.
!, Kemp was not in office at that time.
! + 1t is set up in the resolution de-
,, claring the emergency that because
, of unforeseen weather conditions
and other matters that had to be
met, the fund had been exhausted
and it was necessary to declare an
emergency. The complaint alleges
that weather conditions were not
such as to justify the emergency and
, that it was "subterfuge used to
l evade and avoid the budget law"
Charges are also made against the
| three commissioners that lands &C
: quired by the county by tax deed
: had not been appraised in the man
! ner required by law. 1t is alleged
: that the board had the practice OF
allowing each commissioner to ap.
n praise such lands lying in his own
: district. His appraisal was accept,
S ed by the other members of the
: board. 1t is said this is contrary te
r law, that all three commissioner
should have acted as board in such
appraisals. Under such a system
it is alleged that certain lands &C
CURED by tax deed were sold TO
' sums much less than their real value
v 1t is alleged that such lands Otter
# were not advertised and sold unde
5. the law covering tax deed lands
i but rather were sold under a Law
le covering property acquired othe
70 than by tax deed.
IS Commissioners Kemp, Kensle