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Show k THE NEW SUIT ONE! BITCH I Renewed Complaint Filed in I , Fifth District Court I at Malad. V FRAUD AND FALSIFICATION I ARE THE CHARGES glenderson, Hart and Parkinson ; Cited to Account for Their ' ; Robberies. - J BY 0. E. AUNEY. f j Special to The- Tribune !r MALAD, Idaho. July 29. Those who , imagined that the dismissal oft'10 eases ngainst Parkinson, Kurt and Henderson Hen-derson in the fifth iudicial district " court at Malad on July 1, meant tho i abandonment of the plan to recover j some of their palpable thefts, may be r' lit once undocoived. , It was the distinguished plcasuro of that arrogant law-breaker, Arthur W. Hart, to parade tho streets of PTestpn Hid boust of their freedom from tho He took great, comfort in tho dismissal dis-missal or the previous cases against , , him and his fellow "crooks," Adelbcrt I 1 ETendorson and George G. Parkinson, p. j His attempt to sneer the people of Ins I f rommuuity into jneek submission was R jharacteristio of ono Tobed in occle- l siastieal power as tho head of tho f A Voting Men's Mutual Improvement. as-t as-t ' sociation of tho Oneida stako of zion, i a who felt' secure only in the hope that ffr.is influence was too (Treat to permit I the law of justice to overtake him and ! ! liis associato marauders in their mad II j ' 8:ramblo to pillage a public corpora-l corpora-l ' tion. , , ,,, ; 1 Not yet out of tho woods, men! Cheer up: the worst is yot to come!, L ; Tn tho previous suits against UiCoC fl ' ' three scoundrels, the papers wore so o nucstion the legal it security of tho plaintiff, tho Oneida 2. Irrigation district .Tudge "Richards of I Boiso had been called into the case as I an assistant to Joseph Davis of Prcs- ton and George E. Gray of Pocatel o, 1 who were the original attorneys for tho I aiJudEe "Richards had had nothing to f do with the drawing of tho pleadings. As the case progressed to its final ! i stage on Juno 23 last, Davis was ill at his home in Preston and Gray prevented pre-vented from attendance at the Malad term of the court.. Judge chards '" then for tho first' time examined the I pleadings and found them to ..bo .it ' variance with the record by winch the I' district should recover from its previ-I previ-I ous abstracting officers. I Tie accordingly "slipped from with- under " and let the cases collapse ior . tho timo being. . , f 1 But this was not alone a burial or I the cases: it was also a resurrection ot f them, all joined in one. Tho Now Complaint. In Malad there is filed a very in-' in-' foresting complaint; a comp aiut winch will be of extraordinary interest to nil of Idaho: first', for tho reason that I the coinrnonwealth is interested in t o ram of over fifty thousand dollars in the tJL (&n Irrigation district; and second izT far the reason that the morals of the Ml'. state of Idaho are at. issue in purging Wi that Preston and Clifton community ft S the arrogant, rotten, rampant regime V of three traitors to public trust; three Wi usurpers of the people's assets; three IffEa wSs been aim of Hen-dorsou. Hen-dorsou. Hart and Parkinson to shut m,t a hearing of this case. There was c iven to the Pnlic too much, of the result of tho hearing . of their crime S tic Judge Kolap inquiry to suit Sese fellows. In the ecclesiastical court hearing at Preston on July IS. 5? ood -Mormons as over trod the mirfuce of the great desert faced Parkinson Park-inson and Hurt with the charge that hnth of thein had admitted a positive : indebtedness to tho district of several "TnTUltmccth at. Dayton some months since, smarting under the lash Jf public exposure at Malad in a court of inquiry. George C. Parkinson again admitted his indebtedness to. tho district dis-trict and has since been paving back I into the treasury, by piecemeal some of Sic money ho took years ago from this Theio three men dread the ordeal of fncin" the new officers of tho Oneida irrigation district and, the people of Idaho in a court of .iusticc. Thev dread as only culprits can. tho limelight of Sublic opinion. They are .dark-lantern -. S"lors: .dosed closet operators; star-rfonn'erSrnan star-rfonn'erSrnan of the board of 1 ' Wneidn county commissioners, a former t' ffi da county attorney, a former state I Sffir from Oneida county and a dc-I dc-I Sod ! member of the board of regents I of tho statu university! I The ecclesiastical standing of this I 4ro i therefore augmented by their I ISiitical standing. Public interest, I ' I !.ref ore, increases. I It ihakes little difference to the com- mon school fund of Idaho whether it is robbed .by the wearers of crnm shoes or bv "hobs." The poor pcoplo of the Oneida Irrigation district stand in the exact same position. Theft of their water system is the same by hobos or by lryubcritical " ecclesiastics " or by Irypocritieal "statcumen."' The Charges Made. Tn tho complaint to which this triumvirate tri-umvirate must answer they are charged with having confederated and conspired con-spired together to circumvent the laws and to cheat and ..defraud tho Oneida Irrigation district out of money and property and of converting such to their own use and benefit between May 5, 1002, and January fl, 1009; and. all this whilo receiving salaries as oflicials o f tho Oneida Irrigation district. The complaint does not niako an exact demand de-mand for the amount of tho ,i"3frmcnt soughtl, It places its probablo loss by virtuo of tho crookedness of thoso confederates con-federates at $75,000. Tho complaint actually alleges "fatee" and "dummy" accounts as having been opened and kopt. It churgos them with "falso entries;' with cashing of warrants without the signature of tho officers required by law; with cashing warrants for which blank stubs appear; with keeping accounts ac-counts on slips of paper, failing to enter same of record on tho books of tho irrigation district; with depositing monoy received from tho salo of bonds, the proporty of tho district in tho personal per-sonal names of tho defendants; with paying out vast sums of money for construction con-struction purposos by use or personal checks, aggregating about $200,000 of tho irrigation district's monoy; and with actually loaning out tho money of the district to privato individuals, and failing to accouut to tho district for such intorestl The complaint further charges theso three conspirators with issuing a largo number of interest-bearing warrants of tho district in violation of law. to pa' accounts of the district, purchasing such warrants with the money of the district dis-trict at a discount t making largo profits pro-fits thereby, for which they have never accounted "to tho district. Thoy are charged with the salo of irrigation bonds, at a discount and collecting col-lecting and retaining the commission on such bonds, in direct violation of the Idaho statutes, and with collecting largo sums for taxes and failing to account to tho district for same. Tho complaint statos that; the fraud of theso defendants was unknown to the plaintiff until about November 21, 190S, whereupon an auditing of tho district's dis-trict's affairs followed which Tevealed the flagrant discrepancies in tho district's dis-trict's books, and accounts in the hands of tho plaintiffs. Judgment Asked. Judgment is sought by theso new pleadings: First That an account may bo taken of all tho corporate dealings and transactions trans-actions of the plaintiir during the time the said defendants, and each of them, were tho officers and agents of the said plaintiff, and of tho money received and paid out by tho said defendants, and each of them, in regard thereto, and that the said defendants account for all dealings and transactions with regard to the proporty, assets and effects of the said plaintiff during such time. Second That, the said defendants and each df them, 11K13' bo adjudged to pay the plaintiff tho residue that shall appear to bo duo the plaintiff after and upon such accounting. Third For such othor and further relief, as may bo just and equitable, with costs of' this action. Richards and Haga, attorneys ot Boise, sign tho complaint as tho plaintiff's plain-tiff's legal representatives. Very Serious Allegations. These charges arc serious. These dc-'numds dc-'numds are positivo. They stalo matters which at once require the -attention of a largo number of people. If the complaint wrongfully charges Hcndorson, Hart and Parkinson, a considerate con-siderate public will be pleased to hoar of an explanation of their defense. If tho charges of this complaint be correct, cor-rect, the Oncidn. Irrigation district has been used as a vehiclo of fraud with-nnf: with-nnf: n nsirallel. If thev nro wronir the most grevous injustice has been done these throo men who htivo. for years onjovod high proferment, socially, polit-ic.-illy. religiously and commercially. It is hoped that swift, suro and speedy justice will result in its. own good way and at its early convenience. In the dismissal of the previous action ac-tion the leading attorney for tho district dis-trict expressed entire confidence in tho court's fairness, and tho court expressed ex-pressed a willingness to entertain new pleadings in the premises, as might be desired by the district. Since the adjournment of the special term at Malad 'on July 1. but ono event has occurred to change tho status ot affairs af-fairs and that is the sitting in Preston, Pres-ton, on July 18, of au ecclesiastical court. This has stimulated courage among the pcoplo who have been tho "under dog" in this heretofore unequal un-equal struggle, because it has accorded them, harmonious with their peculiar system, a reasonable amount of humano liberty. To this privilege they responded respond-ed as men freed from the chains of a too long enforced bondage. Through the new pleadings filed at Malad thoy will again enjoy tho privilege priv-ilege of facing these three men in a court of justico where man-made laws afford them adequalo remedy from real or presumed injury. Iji the meantime the .public will look on and measure the progress of tho case, stop by step, tho inoro because of tho fact that the public has boon deprived de-prived of much of that testimony taken by the Preston court, which will come out; in the hearing of this cause in. a court of iusticc, in the Fifth judicial district of the state of Idaho. |