The Topeka state journal., 1899-08-30
Governor Again Makes Demand
Upon Road Agents.
Calls Mr.. Church to Account
For DereIictiOn.
STANLEY is POSITIVE.
Money Must Be Turned Over to
the State.
Heated Interview Between EX.
eeutiVe and Superintendent.

Governor Stanley has again made
demand that Superintendent w. v
Church of the insurance department
require r. T. Battey to turn into the
state treasury the S44O which he col
lected for examining the Kansas Mu-
tual Life Insurance company.
IN response to the governors demand
Mr.. Church replied that he has referred
the question to Attorney General God
ard and viii follow the opinion of the
attorney general in his construction of
the statute
During his trip over the state last
week the governor was met frequently
with the inquiry concerning the pro-
gress he was making in his effort to
have the examiners turn their fees into
the treasury. The governor could not
report any great degree of progress as
the superintendent of insurance had de-
clined to proceed in that direction be
cause he believes that now no law is
being violated and that the examiners
are entitled to the fees for their work.
Before starting out last week the gov
ernOr abandoned the effort to bring
Church into line on this proposition.
be said to Journal reporter: Mr..
church is superintendent of insurance
and will be held responsible for the ad-
mlnistration of the affairs of the de-
partment."
this would end the controversy, conse-
quently much surprise was manifested
when the matter again broke out Tues
day.
Yesterday morning the governor ar
rived in Topeka from Wichita where
he had attended the previous evening a
meeting of the council and had made a
speech IN favor of the old street car
company which for years has operated
at a loss the line now in that city The
result was in his favor and the old
new line.
Mr. Stanley was in fine spirits.
Inc governor ate an early breakfast
and went to the executive office soon
afterwards. He plunged into his mail
and disposed of the important letters
He then sent for Mr.. Church and the
conference followed soon afterward
The governor told Mr.. Church that
he had given the subject further con-
sideratiOn and had reached the concIu-
sion that the fees collected for the ex-
animation of the insurance companies
should be turned into the state treas
ury-
I want you to fix things up said
the govern or. meaning that Mr. Church
should compel Mr. Battey TO return to
the treasury the money which he did
not procure from that source.
The governor then went into an ex-
tended discussion of the subject but
was thunderstrucl1 when Mr.. Church
said:
I have submitted this matter to the
AlAOIAAGy general ana nave asked him TO
decide whether the retention of the fees
collected by the examiners is illegal -
What" exclaimed the governor.
Il did this" said Mr.. Church be
cause we all go to the attorney general
for advice in these matters"
You viii abide by the decision of the
attorney general?' inquired the COVER
nor.
Yes, SIR replied Mr.. Church.
The governor is displeased with the
action Of Ar. Church and so informed
him
Mr.. Church said to the governor dur
ing the interview. Il want to do ex-
actly what is right in this matter.
referred the question to the attorney
general to ascertain if the law is being
violated when the examiners retain the
fees II the attorney general holds that
the law does not cover this point then
I will be vindicated. If on the other
hand he holds that the fees should be
turned into the treasury that decision
] have violated no law and believe that
my conduct in this matter is entirely
free from criticism"
The governor agreed with Mr. Church
in the idea that he has been acting in
good faith but the point with the gov
ernOr is that he made compaign prom
1ses which must now be redeemed, be-
cause the governor means as does Mr.
Church, to do what he believes to be
right. The two officials have disagreed
over a rule in the conduct of their de-
partments and the stormy times of the
past two weeks have followed
In the meantime State Auditor Cole