Show J KED DI DIN N- N NG G 1 0 N I 0 U I S I E. E R i r c T 10 N U UNtIE I N D' D rR t W A I 7 v J i I R Rice ce Stats Starts Act Action on t to I I. I I IT i 1 Pill r i Have nave I A r d' d Th i ow I o 1 Out of Office Office by Court I Official Free oh on n o. o Y o Re Recognizance 1 to Ap Appear Ap t k pea Augusts August 8 pear CHARGES i LI S S' tt T t I J Action Follows Filing Fiig of j i Crimi Criminal a Complaints i An AI ouster ouster acU action n against City city Auditor Alvin was wa filed in third district c rt Saturday J afternoon by poun County y t Attorney orney J h r tt D Rice Riel a few fw hours hour after C Commit Commit- imia 1 Charles Charlet N. N Fehr had signed two criminal complaints charging J the city officer with h t the misappropriation misappropriation of pu public ll und funda The bas don report I prepared by r Vincent Casella eIa the he special auditor WD was n accordance accord accord- if ance with wih an an between between be be- I tween Rice Rice and city HY or officials officials cla s that 81 an buster uster action would be beet as al soon as the mayor or some m mein iem b ber r o of the commission l' l wo would Jd become become be be- be come the complaining witness in inthe the criminal rh al actions ORDERS APPEARANCE y In In comp compliance a e with w h the sta statutes ut which provide that the defendant in ouster cases caes must appear appear beor before the court ourt to answer the to ac accusations ut In Jn not thin less f leS tl r ner the m filing G o of 8 such ch acCusations Judge Judi Roger Roer I. I McDonough cDon Issued an n nd order der for tor n t to appear a ear a 10 c- c a a L m in August t S. S t he order was vas waC served serve on th t the city auditor who must also r aso J Jn Jn 1 c city I Monday or for or arraignment on the criminal crImin l cOZ coni 1 plaints plain P P Pending h bela Is r 1 at liberty on his own rec recognizance l With YUh the fUng filing of the 1 County Attorney Wee Is- Is a t J sued sue the folo following Jg statement en e t RICES RICE'S STATEMENT Ij The Th cl city t through one oe o of its lao of f fi has hn sWo sworn n to complaints 4 charging City Auditor n l. l funds C City ty officials have also stated stated that they tey are ae in Ir in possession aso of ct which lead ca th them 10 o ta b believe he he Hould b t be r from tJ It j s my mY desire to to allow lo th the city to 4 l Cent ll 1 of f JL l s ga iO Its Its' fleer and 1 Xam ani am a therefore at 1 ad cording or tn to the the tle sit statutes statute's pres presenting QUn an accusation cusat n for tor and on r. r their r I Y behalf In I Jj order that U tle e city may flay b I.- I. i satisfied als io that hat Its s' s cas case is i fully ully pre j t stated I ant am am inviting City C Attorney t i P. P Jones o to assoc associate y ate him S se Of 1 fM me In lnA this this' mater 1 have r received assurance e th that t he lie will at act as a's as asi associate counsel P PRESENTING fACTS FACTS Following out the signed s B ate ate- te- te m ment nt of the special accountant accountant- Vl Vincent Casella l lam Jim m prese presenting I I all aJ of oC the he lac facts t which they th therein r Jn certify t they ey have found In n connee- connee t 1 tion Jh and th the lj auditors auditor's office e wl whOa when n notified of ot i Ehe e 1 actions said ald that he Jle h had d. d nothing ot to tOI say un until IL the to casei come come up In t court V r rheo st str r Accusation n contin contains contain t twenty nine w nine rIt-nine counts count chief t which T lre are 1 That tOlf during th the year yea 1 1927 1 r received fr from m tp the the- city in excess of his salary which m money n y was vas taken for own his own purposes pur- pur poses and not for an service v any service erv ce ren- ren dered to the cf city i y CONVERTED TED J t 2 That on Onor or lor before March Match SI al i 1325 9 S. S he lie r received e and and converted r d' d to to his his' own use of t public ni nOle J 3 3 That on or about March 1 1929 he ho aided t the e then hen City Treas- Treas ra- ra Max M L 1 Beaver av r in an a attempt t to to cover up a- a 4 shortage s or age o of In the Ut bank account of the tr treasurer 1 4 That In the tho te years 19 1925 5 16 1926 19 1927 1027 1 and 1928 he le le n made mido iG false fabe andu and s u untrue tue stat statements of the he finan financial condition of ot the city to the city ety commission That ha has at Tal all 6 al in v violation of his duty a al a. required by by Jaw liw failed Caled to ke keep p rc regular r r accounts h at at all Ume times k would show v. v t the lC financial laJ condition i of tf the tho city a and d tl that at such account as a. a he has ha kept arc are arc false and in inaccurate In- In i. i Je tale i. i acc accurate o i i J 6 G. Tha That oney paid for property roper y r redeemed eeme from tax tales sales Fles und under r special assessments assessments' has ha been falsely and and l incorrectly corr ety recorded Jn In In the auditors auditor's account bo books ks and that t the auditor did or or r sh should ld haye haV haye vp kno of ot these falsifications FAI FAILED ED TO KEEP ACCOUNTS 7 That That he failed to keep tr e and and accurate rat ac accounts accounts' of ot th the money money 1 received d by y tho city fy tr treasurer r. r 8 That lat he did not require th the treasurer t to cash as las ald when whon as as' as required by lawand law Jaw lw a and d- d that had h he done so so th the shortage would haVe liw beer been discovered dicov- dicov ered when such report was as mace 9 0 That he perl the treas IL v Con Continued m ec on P page e. e 4 I h it i H W 1 1 I II 1 t r L' L df r t J Y 1 J I Rice Starts Action to Have Auditor Thrown Out of Office by Court S r I Con Continued uc i from tr page i gc 1 ur r to hold ta tax redemption n certificates cates for many nany months after the receipts received th thereby making it possible for money to to be withheld from 10 That during the yea years cars 1 1925 r 19 1926 1 1927 7 and 1 1928 28 public money Of Of the city was watI ml from the treasury and that such thefts would have been discovered had the city auditor faithfully performed performed performed per per- formed his duties as as' as required by law FAILED T TO CHECK I Jl U. 1 That ho failed tailed to check the tre treasurers treasurer's surer's bank accounts account with the I cash actually on deposit as required by law 13 That during the incumbency of at two former city treasurers treasurer ant and during the t term of ot Keddington as city auditor there was vas a shortage l In th the city treasury of or a n large sum Hum of or money and arid the city's city funds were ere misappropriated am and misapplied and during said ald period entered into Into's a conspiracy with conspiracy WIth Max M. M I. I Beaver an em employ foye in the treasurers treasurer's a office and lat later r treasure treasurer treas treas- ure to conceal the shortage and to tomake tomake make muke it po possible for tor Beaver and others oUrI t to continue to misappropriate and misapply the public funds BASED eASED ON TWO ITEMS The criminal complaints signed by Commissioner Fehr are based baaed OJ on the and items Item both I represented t by ty y IOUs IOU found among amonS' Beavers Beaver's eaver private i apers ers following his deat uy uy poison polson on March Marth 6 5 in inthe th the the apartment of Ernest Colvin d deposed collector of dog license tees fees Conviction on on the criminal charge would a automatically remove remove thc the city auditor tram from office making mILking the ouster outEr unnecessary Mayor and m members ot of the th city commission have persistently hel out for the ouster as aa well as the criminal action on the grounds that thal the auditor can be remo for ne negligence in office in the event he hecl cl clears himself of criminal re re- for the shortage e. e |