United States v. McClane

• Decision Date: 28 April 1896
• Citation: 74 F. 153
• Parties: UNITED STATES v. McCLANE et al.
• Court: U.S. District Court — District of Oregon

74 F. 153

UNITED STATES v. McCLANE et al.

United States Circuit Court, D. Oregon.

April 28, 1896

Daniel R. Murphy, U.S. Atty., and Charles J. Schaubel, Asst. U.S atty.

W. H Holmes, for defendants.

BELLINGER District Judge.

This is an action by the United States to receiver the sum of $150.85 upon the official bond of J. B. McClane as Indian agent at the Grand Ronde agency, Or. It is alleged that, of the money of the United States received by said agent, there remains in his hands, unaccounted for, said sum of $150.85. There is no proof that McClane retained possession of the amount claimed, or that he appropriated any part of it to his own use. The proof is entirely consistent with the use of this money for government purposes. Of the amount claimed against the bondsmen, $99.75 were paid out by the agent, for clerk hire, to La Fayette Williams, contrary to instructions from the office of Indian affairs, and this amount was disallowed in the agent's accounts. There is nothing to impeach the good faith of the agent in making this payment, and it appears that the services for which the money was paid were rendered. The services are not disputed, and the only complaint is that they were not authorized. If McClane disbursed this money in good faith for the benefit of the government, his bondsmen are not liable for any mistake of fact, or mistake of law, or error of judgment, or misconstruction of authority, by him. This doctrine is firmly established by the authorities collected in State v Chadwick, 10 Or. 465, and by the decision in that case.

Two other items are of express charges, amounting to $1.65. These two items were disallowed because the receipts of the express company were not furnished. The account shows what the charges were for, and leaves no doubt but that the payments were in fact made, and that the government has had the benefit of them.

The agent's property return fails to account for 15 jackets and pants, at $1.75 each, amounting to $26.40; for 2 dictionaries, at $14.56 per dozen, making $2.43; and for 316 pounds of beef, at 6 cents per pound, making $18.96. It appears, also, that the agent gives himself, in his account an excess of credit for lamp wicks amounting in the aggregate to 22 cents, and he has credited himself with $11.50 for a stove and six joints of pipe, whereas the receipt accompanying the voucher is for only $11.25,-- an excess of credit amounting to 25...