The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
At THE STATE HOUSE.
Auditor Norris Intends to Hold
the Purse Strings
As Tight as His IllustriOus
Predecessor.
Won't Pay Out Funds to Counties
Which Are Delinquent in Their
Quota of Taxes.

state Auditor W. H. Morris has held
up two or three claims which various
persons have attempted to have auol-
ted and secure payment on
As a result he has been threatened
with mandamus suits and other neon
veniences. to all of which he has lent
only deaf ears. Capt. Norris IS "heH
not engaged in more lucrative business
himself a lawyer and before MAKING up
his mind on proposition IS IoTtlIIeo
by the statutes and decisions OF su-
preme courts. Then he proceeus Win VIII
confidence in himself anu lhS DelLS :
that it is in all respects pefIec1Iy legal
and proper.
Thus far none of the threatened suits
have materialized. but the AUDITOR IS
now confronting legal question, upon
which he viii not act until directed py
the supreme court-The public viii not pc
at all SURPRISED to learn that the leglS-
Iatura is wholly responsible for the diff
ficulty If the complications following
the wake of that bungling body contln-
ne to increase. the people would pc
justified in determined wish tnaI the
law making statesmen had remained at
home, as doubtless the majority OF them
viii be compelled TO do hereafter
The law now in question IS that
which was passed to reimburse Kansas
counties for care of destitute insane,
appropriations for which Will aggregate
several thousand dollars.
jority OF the counties in this particular
account. there are few, if indeed any
counties which do not owe the state
large sums of mOney,in delinquent state
taxes. To clear up the accounts of the
auditor and compel a settlement of
these accounts which persistent efforts
on the part of Mr.. Morris predecessors
failed to reduce. the law apprOpriating
money for the care of destitute insane
provided that the amount due the state
from each county should be deducted
before payment on the account for care
of insane was made.
Up to the present time the county of
Crawford is the only one which has Sc
cured its quota OF the money thus ap-
propriated. That county owed the
state no back taxes and secured the
money due for the care of her destitute
insane people without difficulty.
The next county TO attempt a settle
ment and secure the money set apart
for IT, was Wyandotte. which under the
terms of the appropriation was enti-
tied 10 $1,000
Mr. Morris found that Wyandotte
owed the state S11, 600 in back taxes
and offered to give credit for IS, 600 on
that account, which offer was promptly
refused by the officers. Those officers
are now preparing TO HandamuS Mr.
Morris, seeking to compel him to make
the payments The questions involved
are Of such a character that it will be
necessary TO go before the supreme
court 10 secure a settlement of the con-
trDTersy.
James Moore, chairman of the board
Of county commissioners, and A. L.
Berger, county auditor, appeared before
Mr. Norris yesterday afternoon and re-
quested him to make the payment of
money so appropriated for WyandOtte
county Mr.. Morris declined to do so
and in the discussion which followed.
Mr.. Berger, who is an attorney at law,
said:
..Wyandotte county. like all other
counties that are in the same position,
should not be required to pay the
amount of state taxes which is delin-
quent because they have been unable
to collect it. These counties are simply
agents of the state, and if the officers
OF the county fail to collect the tax. a
claim for the amount should not be held
against the county
Mr.. Morris held practically the same
opinion expressed by Mr.. Berger, but
said:
I can not do otherwise than adhere
to the StricteSt letter of the law 1t
seems to me that the theory advanced
by Mr. Berger is altogether reasonable,
but counties situated as WyandOtte and
others. must secure a ruling upon the
question from the supreme court before
l VIII proceed TO payment If the posi-
ton taken by the officers is correct it
VIII be sustained by the court If not
then / will have made no Ynista Ike in re-
Iuslng TO pay the money without fol-
lowing the instructions to this depart
ment contained in the law"
Mr. erger has gone home to secure
proofs of the claim against the state
for care of the destitute insane and will
make a second formal demand upon the
auditor for the money claimed TO he
now due. Mr.. Norris will refuse nav
ment and then the mandamus viii fol-
low.
All are apparently agreed that the
mandamus suit is the easiest way IA
dispose of the matter.
A STATE PRTNTEp 0Tvv