Article Text
RULINGS ASKED IN BANK CASES Scores of Officials Inquire As to Liability for Funds in Closed Banks Pierre, Dec. 6.β(By The Associated Press)βLiability of county officials for funds of various classes which were temporarily on deposit in their official bank accounts at the time of the suspension of the banks, presents an important issue in an increasing number of court actions which have originated in the last year, according to Attorney General B. F. Jones. No Two Cases Alike In practically every such case that has come to the attention of the attorney general's office, the outcome is clouded by some peculiar feature that renders the official liable to a greater degree than is contemplated in the conduct of his duties. The resulting court actions involve both the official and the state bonding department, which has acted as guarantor of the funds. Suit Against Sheriff In Roberts county suit has been brought by the county commissioners against Sheriff A. G. Wickard and the state bonding department to recover $16,000. The sum was an excess deposit made by the sheriff in the closed Guaranty State Bank of Sisseton. The county commissioners of Haakon county have instituted a court action to recover $986 in delinquent taxes, which was on deposit in the account of Sheriff Fred H. Root in the closed First State Bank of Philip. The sheriff had made out a check in full payment of the amount to the county auditor two days before the bank suspended, but this had not been presented for payment. Numerous Actions Pending Another angle in the general situation, according to Mr. Jones, is involved in an account of $1,516 comprising fines collected from cases in municipal court of Sioux Falls. The amount was on deposit in the account of Sheriff Vincent Knewel of Minnehaha county in the closed Dakota Trust and Savings Bank. No suit has yet been instituted in this case. Numerous other actions of the kind are pending in various parts of the state. In no case is the county official involved in a liability, which is thought to fall upon him as an individual, Mr. Jones said, but the issue all along the line presents the question of what agency of government must stand the loss or await satisfaction through liquidation of the claim.