The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-09-22
Question Whether State
Schools May Collect Fees.
REFUSES TO RECEDE.
Disputed Point Is Referred to
Attorney General.
Result Awaited With a Great
Deal of Interest.


The board of regents and A. r. Tay-
loF, president of the State Normal
school, are making a desperate effort
to avoid compliance with the recent or
der of State Auditor Cole, requiring a
monthly report and deposit of all fees
collected, with the state treasurer
President Taylor and John Madden,
secretary of the board of regents, re-
Gently had conference with MI cole
and attempted to show the auditor, I'M
der an old statute, that he IS mistaken
in his Interpretation of the law and
that it is unfair for him to require the
management of the institution to re-
port to the treasurer the fees collected
at the institution.
This fee in question is the s. per term
charged each student as an incidental
fee" the annual collection through
such channels amounting to about $10,-
600. This request Of the auditor applies
directly to this fund, which the man
agement of the state normal has been
heretofore expending for purposes
which the legislature failed to recognize
by appropriation. In some cases part
of the money has been applied to the
payment of the wages OF additional
teachers, an appropriation for which
had not been made by the lawmakers.
The legal adviser of the institution,
Mr. Madden, believes that under a pro
vision of an ancient statute the 1nStltu-
ton can not be required to report these
fees and at the same time turn the
money into the state treasury. Mr.
cole QeCllneQ TO TeSClnQ his OIQGI anu
an agreement was finally reached, to
abide by the decision of the attorney
general. The question was then re-
ferred to Mr.. GODDARD, VINO has not yet
announced his opinion in the matter.
The agitation upon this subject prom
ises to develop into an effort to repeal
all laws which under any sort of an in
depreciation permits the officers of any
institutions have right to levy this
acter. There is a decided opinion among
the state officers that none of the state
institutions have a right to levy this
charge against students and an exam
ination of the statutes has failed to
reveal the existence of a law authOriZ-
ing such a fee. 1t is thought that the
rule under which these fees are col
lected at the state university and the
state normal school is fixed by the
boards of regents and some of the state
officers have been digging through the
statutes to discover if there is any
power so conferred upon this board.
These cases have attracted consider
able attention and the auditor has re-
ceived from several prominent lawyers,
letters commencing his course in the
matter One or two members of the
legislature have written Mr.. Cole that
if they are returned to the next session
of the legislature, laws to put an end
to such practices as the auditor is now
striving to remedy will be introduced
and pressed for passage.
Some years ago the management of
the university charged the students IS
a year for the use of the library. An in
surgent student objected to the charge
and got a decision on the points in
volved from the supreme court which
held that the library was free to the
students and that the management of
the university had no right or legal
power to make such a charge.
Following the decision of the supreme
court on that case the state officers
believe that the charges of fees for
students who are taking work in the
various branches is Illegal This has
dot Of
taken by the auditor and the cOmpli-
cations which now surround the affair
are expected by the administration to
be productive of new policies along
these lines.
1t is now believed that the incidental
fees VIII be entirely abolished.