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CONTRACT WITH W. A. PENNINGTON DECLARED VOID
ENFORCEMENT FUND OF $800 ALSO SAID TO HAVE BEEN ILLEGALLY WITHDRAWN
State Examiner's Report Says County Attorney Should Make Restitution—Report Discloses Musselshell County Has $278,930.90 in Closed Banks.
The contract entered into by the board of county commissioners of Musselshell county with W. A. Pennington whereby the latter was engaged to prosecute certain cases against former members of the board is declared to be without legal authority according to a report filed this week with County Clerk and Recorder Volney J. Hain by F. E. Williams, a deputy state examiner, who conducted an examination of the affairs of the county in October. A claim filed by Mr. Pennington for $300 for services performed in accordance with the terms of the contract and paid by the board, is stated to be illegal. It is pointed out in the report that both the contract and claim are illegal for the reason that the law provides that the board may provide the county attorney with additional help when necessary.
The payment of $800 to County Attorney Chas. F. Huppe by the board for the purpose of financing detectives engaged in gathering evidence for the enforcement of the prohibition laws, is also declared by the report to be illegal and the money so paid should be returned to the county. In this connection the report says: "The using of this fund in this manner is entirely illegal, and the board of county commissioners should immediately direct that this fund be turned in to the county treasurer. Chapter 116 of the session laws of 1923, amends section 11,071, 11,075 and 11,079 of the revised codes of 1921, and you are referred to section 11,084 of this chapter, which defines the method of distributing the net proceeds of the fine and to what funds, viz., 50% to the general fund of the county and the remaining 50% to the law enforcement fund to be remitted by the county treasurer to the state treasurer. This law became effective March 7, 1923. All monies collected and credited since that date to the general school fund should be transferred to the general fund. You are requested to read carefully the said chapter 116."
The report discloses the fact that Musselshell county has on deposit in closed banks an enormous sum, the names of the banks and the amounts being as follows:
First National, Roundup........$55,055.78
Lavina State Bank................ 24,128.86
Melstone State Bank.............. 18,933.48
Roundup National Bank.......... 32,910.50
Musselshell State Bank.......... 63,702.28
Citizens State Bank.............. 70,274.81
In addition to the above there was $13,925.19 deposited in the Farmers & Merchants Bank of Ryegate, which closed its door since the examination was made, bringing the total amount of funds deposited in banks that are now closed to $278,930.90.
The report commends all the county officials for the efficient manner in which the books and records of their respective offices are kept up. Criticism is confined almost entirely to irregularities of claims, such as failure to itemize properly or failure to sign or endorse.
A new law passed by the last legislature provides that the examiner's report be made a part of the commissioners' minutes at the meeting following its receipt and that it must be published in the official county paper in full as a part of the proceedings.