Show f H. H I WELLING LL ARRAIGNED HEARING SET FOR APRIL 29 ON TWO FELONY COMPLAINTS Charges Are Based on Check Alleged Shortage B By AL FERGUSON Appearing a levi few minutes before court was to open Secretary of or Slat Stati Milton H. H Welling was arraigned ic il chambers of Cit City Judge M. M J. J Branson Bron Bran son Friday morning on two felony teion complaints signed late Thursday afternoon by State Auditor Julius C C. I Andersen Judge Bronson after ordering Mrs Mr Welling Velling released on his own recognizance set preliminary hearing on both charges for April 29 in his court One complaint charges the secre tary of state with presenting a fraudulent fraud claim to the state board of exam iners It is based on a pay check drawn to Golda Richards ichards and allege alleges she never had been employed in Mr ML Wellings Welling's office r Charges Nonpayment The second charges that Mr Well ing did not pay to the state treasurer collections totaling 82 The secret secretary lI of st state came into the possession o of in motor vehicle ve ye hide hicle license transfer fees between January 1 1 1933 and and June 30 O 1933 and wholly failed and neglected to to pay the amount to the treasurer ar ral al althe the end of oC the second quarter June 30 1933 the complaint alleges lot The complaints were not formally read to the defendant when he ap liP p with counsel Burton W W. Musser Musser Mus Mus- ser both der defense nse and i stipulating The prosecution on made one minor amendment to the false claim complaint complaint com plaint changing the number umber of f a state law which had been ceen written Attorney Out of or City A Asked ked by Judge Bronson when the defense wanted preliminary hearing Mr Musser said that Mr Wellings Welling's regular attorney Herbert Van Dam Jr was out of the city and would not return until Monday or Tuesday Mr Van D Dam lm is handling a civil case in the same same matter and I would like to confer with him Mr Musser Musse- said He referred to a civil suit by Secretary Welling den denying ing liability in claims of arid and 1 lodged against the secretary by Mr Andersen as the result of audits B. B E. E Roberts deputy county attorney attorney ney who with H. H D Il Lowry another deputy represented the state in the chambers suggested April 29 as a tentative ten ten- date Asks Early hearing County Attorney Wallace then entered en cn the chambers and told Ju Bronson he would like the hearing to be held as early as possible There are two cases Mr Wallace Continued d on Page Pace Six SU WELLING FACES FELONY CHARGES Continued from Pare Page One is that al alleging e pr presentation on of ot a false claim since that is Js the shorter complaint After setting hearing for April 29 Judge Bronson said what about ball bail then a. a asked ked Mr Musser if the defendant would be in c court urt on that date Mr Musser assured him he would The d defendant himself who vho had sat silently through the pro proceedings then thenarose thenarose arose and spoke for the first time You have my assurance assurance too h he he- said and sat down Both complaints were drawn by Mr Wallace who said Grover A A. Giles deputy attorney general gener I Calvin Calvin Cal Cal- vin W. W Rawlings district attorney and Parnell Black assist assistant nt district attorney were associated with hImin him himin himin in the work Felony Law Applies Both felonies aUe alleged ed arc based ed on asserted violations of or statutes entitled Crimes Against Government and as each is 18 defined as a felony the general general gen gen- eral felony statute applies in case of conviction This statute follows Except in cases where a different punishment Is prescribed by law every offense declared to be a felony Is punishable by imprisonment In the state prison not exceeding five years year The complaint alleging presentation presenta tion of a false claim in the check drawn for tor Golda Richards charges Mr Welling violated section which states Presenting til l' g Unlawful Claims Claims- Every person who with intent to defraud defraud de de- de fraud raud presents for allowance for payment pay ment meat to any state board or officer or orto orto orto to any county city town or district board of officers authorized to allow or pay t the c same if genuine any false or fraudulent claim bill account voucher r or writing is guilty o of a felony fel fel- ony Check Listed The complaint char charges es Mr Welling with intent to defraud the state of Utah did wilfully unlawfully and feloniously present for allowance to the board of examiners a false false and fraudulent claim and refers to the c check eck for tor Golda Richards Richa The defendant the complaint continues well knew that Golda Richards had no l lawful claim that the claim was in fact false and fraudulent fraud fraud- and nd that said false and fraud raud claim so presented by the th d de fondant W was lS thereafter allowed by t tb ti i V board of or examiners rs and duly paid r r. r f The second complaint all alleges that Mr Welling vi violated section eo which follows Public Moneys Moneys Failure Failure to Safely 1 Keep and Pay Over Every officer charged with the receipt safekeeping ping or disbursement of public money moneys who neglects or fails taUs to keep and pay pay- the in the over same manner prescribed prescribed pre pre- scribed by law is guilty of a felony The complaint alleges that in in vie via lation laUon of his duty the defendant wholly failed and neglected to pay over over to the state treasurer the said or any ny part thereof thereat |