The Topeka state journal., 1900-08-03
No Chance For New Asylum Con-
structiOn
Until Supreme Court Decides
the Case.
B. I'll. TRACY'S REPLY
To Questions From Board of
Charities
Furnishes Parsons No Hope For
the Present.
!. III. TRACY'S REPLY

b II. Tracy, assistant attorney gen.
eral, has written reply to questions
submitted to him by Edwin Snyder
secretary of the state board of char1-
ties, concerning the powers of the board
in the asylum controversy at Parsons.
Mr.. Tracys letter sticks closely to the
text of the questions and in reality
gives no particular light upon the pres
ent complications existing in the Par
sons asylum matter
The questions submitted by Mr.. Sny-
der were as follows:
'First-Is the board enjoined from re-
f. ceiving or accepting deeds for the site
of the proposed asylum? ?''
''Second-If deeds are made to the
state for the site of the proposed asy-
lum, what officer of state is the proper
custodian of said deedS2'
''Third-If deeds for the Parsons asy-
hlum site are made, filed and recorded.
and presented to the state without cost,
and the proper authority decides the
same to be IN proper form, and a legal
conveyance of said site to the state,
would the trustees of the charitable in
iStitutions of the state then be justified
in proceeding to procure plans and
specifications for the building of said
asylum, and advertise for bids for the
construction of the same?"
Mr. Tracy's reply follows:
FtrSt-The judgment Of the district
court of Clay county, rendered on the
18th day of December, 1899, in the case
of the state of Kansas, ex rel VS.. Grant
SHOrnaday, ct al, enjoins the board of
trustees from receiving or accepting
on behalf of the state of Kansas any
deed or deeds purporting to convey the
site of the proposed asylum, or any part
thereof, to the state of Kansas.
SecOnd-If deeds are executed and de-
1ivered conveying the site of the pro-
posed asylum to the state of Kansas, in
my opinion, the law makes the secre-
tary of state the proper custodian of
such Deeds
Third-If deeds in proper form, are
executed and delivered to the state of
Kansas conveying to it, as a gift and
without cost, clear and complete title
IN fee simple to the site of the proposed
asylum, it is my opinion that, by rea-
son of the provisions of chapter 13 of
the session laws of 1899, the board of
trustees of the charitable institutions
would be warranted in proceeding to
procure plans and specifications and to
advertise for proposals for the con-
structiOn of said asylum.
retary of state is the proper custodian OF
the deeds. but he does not, in any man
delivered. so that point is as much in the
dark as before
gested in this letter is followed, Parsons
will be compelled to issue new deeds and
abstracts, one issue of these documents
now being in the hands of Grant Horna-
day, chairman of the state board of chart
IleSr ana MI. dOTnaOdy IS enJOlneOs ac-
cOrding to the court record from proceed
ing In any manner.
Parsons lawyers openly boasted of hav-
sng receipt for the deeds from HOrna-
day, signed and delivered prior to the be-
ginning of the Injunction proceedings. In
these deeds the consideration is named
but to evade the Injunction new plans are
now being devised by Parsons.
Parsons wants to give the land for the
asylum to the state now, but expects tC
go into the legislature and ask payment
for it
The letter written by Mr. Tracy, who
does not live in town wanting the aSy-
3um, and who has no interest except a
correct Interpretation of the law, can not
possibly furnish any hope in this asylum
contest for Parsons.
Mr.. Tracy's letter, opinion, or whatever
it may be designated, does not help the
asylum controversy HOrnaday has the
deeds, and he is confronting an injunc-
fion, the Parsons asylum, notwith-
standing the various subterfuges being
adopted to defeat the operation of the in
junction. will await the decision of the
supreme court.
Parsons may proceed when the secre-
tary. of state has the deeds, is the gist
of this letter, but Mr.. Tracy does not
say that Parsons may deliver the deeds
direct to the officials and then begin
work This view is, perhaps, technical
but it is sustained by the statutes and the
facts.