Show WELLING FUND CASES GASES MAY BE CONSOLIDATED J Same Questions Must Be Decided Decided De De- in Each Action Says Atto Attorney ne An answer to a second amended complaint filed In district court on behalf of oC Secretary of State Milton H. H Welling VeIling and having the effect of ot consolidating pending actions to recover recover re- re cover over alleged unaccounted for receipts of his office will vili be belied filed lied this week Grover A A. A Giles GUes assistant assistant as- as attorney general announced Monday Mr Ir Giles Cues was busy Monday preparing preparing preparing pre pre- paring underground water legislation legislation legislation legisla legisla- tion for tor the state engineers engineer's of office lice but expected to turn his attention to the he Welling complaint not later laler than han Tuesday Mr Welling commenting on the action of his attorney Herbert Van Dam Jr in filing the new amended complaint Saturday explained it was filed flIed to bring the two demands for money together Questions Similar Virtually the same questions must be decided in both he said Through h this action we hope to get getan getan getan an immediate decision on any liability liability lia lia- as charged in the audits The audit for the first six months of 1933 made b by the late C. C Preston Allen disclosed an alleged shortage of or Of that amount Mr Wellings Welling's bondsmen have paid the state 90 leaving for adjudication by the courts under the declaratory judgment act The alle allegedly edly due for 1932 as shown in an audit completed by Alvin to then a deputy in inthe inthe inthe the office of State Auditor Julius C. C Andersen is combined with that al allegedly at- at due for 1933 under the new action Time Extended i iThe The complaint automatically extends extends ex ex- tends the time und under r which Mr Welling ma may answer a formal format request request request re- re r quest for the missing funds until such time lime as the courts have acted on his complaint The case has been tentatively set for Cor hearing on February 19 jt Similar to the civil suit filed se seVeral seV seV- era eral months ago o by Mr Welling Velling against Mr Andersen the latest complaint asks th the district court for fora a declaratory tory judgment dei defining g respective rights liabilities liabilities' and powers of oC parties to the action It It- asks further that the defendant Mr Ir Andersen be required to set forth by appropriate pleadings what moneys he claims are owing the state I |