Page:Federal Reporter, 1st Series, Volume 8.djvu/92

 78 IBSSBAL BBFOBTEB. �intetideiit.' 'Ui>om this theory, the act of July 12, 1876, (19 St. 447) lias beeu passed for the relief of the deceased superiutend- ent's Bureties, by which the accounting offioers of the treasury are directed to credit bis accounts with the amount, provided satis- faotory proof is made of the loss. But Logan is net charged with this $10,000, and the question of its loss is immaterial so far as his accounts are concerned. It does not appear that Logan had any of the $3,000 reoeived on the two checks dated May 5th, and paid May 19th, in his custody -when he was lost. He does not appear to have gone to San Francisco beforo June, and probably left Oregon about the tenth.of that month — the date of the $10,000 check — and therefore these two checks must have been drawn and paid before he went to San Francisco. There is, then, no probable ground on which it can be claimed that the money received on them was lost in the wreck of theBrother Jonathan, unless it is assumed that he took it with him to San! Francisco, vthich is possible; but in that case the money woald be at his risk, and if lost chargeable to him; ' �But admitting that this $3,000 came to Logan's hands by the transfer of the checks to a third person before he wentto San Fran- cisco, and that it was not lost at sea, it does not follow that it was not disburspd acoording to law. �, " ; The annual appropriations for the Indians of middle Oregon at the Warm Spring agency for special objects, jn pursuance of articles 2,3, and 4 of the treaty aforesaid, (12 St. 964,) was $17,600, or $4,400 a quax'ter, of which the $6,781.01 reported by Logan as on hand on March 31, 1865, did not include more than $1,690.37, and $3,000 added to this would make but little more than was required to be expendedunder those heads during the quarter ending June 30, 1S65.. ; But the agency was actually eonducted four months upon these sums of $5,781.01, the balance on hand at the beginning of the second quarter of 1865, and the $3,000 supposed to have been recei'Sied on the superintendent's checks in May of that year. But, under the circumstances, it is possible that some portion of this monpy: remained, unexpended at his death, and may have been lost ^•Withhim or misappropriated by some one. or in some way. But the probability is that the amount was duly disbursed in the business of the agency, unless some portion sof it was lost on the Brother Jona- than, 'and that by far the greater portion of ifc was so disbursed I think there is no doubt. But to get the legal evidence of this fact and produce it in court at this late d^y, would be very difficult, if not ��� �