State of South Dakota v. Collins

• Decision Date: 17 March 1919
• Docket Number: No. 10,O,10
• Citation: 63 L.Ed. 572,249 U.S. 220,39 S.Ct. 261
• Parties: STATE OF SOUTH DAKOTA v. COLLINS. riginal
• Court: U.S. Supreme Court

249 U.S. 220

39 S.Ct. 261

63 L.Ed. 572

STATE OF SOUTH DAKOTA

v COLLINS.

No. 10, Original.

Submitted March 4, 1919.

Decided March 17, 1919.

Messrs. Clarence C. Caldwell and Edward E. Wagner, both of Sioux Falls, S. D., for the State of South Dakota.

Mr. Justice McKENNA delivered the opinion of the Court.

Suit by the state of South Dakota for an accounting and to recover from defendant interest received by him as treasurer of the the state upon moneys of the state deposited by him in various banks.

There is no dispute about the facts, which are detailed at very great length in the bill of complaint.

Collins was treasurer for four years, beginning January, 1903. As such he was entitled to the salary of $1,800 a year, and it is provided by the Constitution of the state that neither the treasurer nor any other officer of the state shall 'receive any fees or perquisites whatever for the performance of any duties connected with his office.' And there are statutory provisions supplementing the Constitution, one of which is that:

'All moneys belonging to the state, deposited in banks by the state treasurer shall be deposited not to his credit as an individual, but in his name as state treasurer, and not otherwise.' Section 333, Revised Political Code of 1903.

It is alleged that defendant received the sum of $10,000 and more, and it is prayed that he be required to make a full and correct accounting of the moneys received by him and wrongfully withheld from the state.

Defendant answered as follows:

'I hereby deny the allegation as set forth in the complaint and plead not guilty to the charge of misappropriating, withholding or converting to my personal use any money belonging to the state of South Dakota during my term of office.'

On motion of plaintiff a referee was appointed to take the testimony on its part and that of defendant and make findings and recommendations.

On May 9, 1918, the referee made return of his proceedings, with the evidence adduced, from which he concluded as follows 'That between January 1, 1903, and January 10, 1907,

there was paid to the defendant as interest upon the moneys of the state of South Dakota, which was received by him as treasurer of said state, and paid to him on deposits in the several banks above named, interest amounting to $32,094.27; that said sum was received by the defendant as interest upon the public moneys of the state of South Dakota deposited by him as such state treasurer in said banks in...