The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-02
MORT TO TOM. /"
Republican Chairman Issues a
Broad Challenge.
Will Join Kelly in PrOffered
Resignation.
ONE MUST THEN QUIT.
Whichever Is Wrong Will Give
Up Office.
A1hor.I.
ONE MUST THEN QUIT.
Albaugh Explains Why His
Statement Is Correct.

missioner Albaugh and State Treasurer
Kelly as to whether the state board of
equalization has made a tax levy to
raise an excessive amount of state taxes.
has reached the challenge stage Mr.
AlbauSh today challenges Mr.. Kelly to
leave their differences to any member of
the supreme court which Mr.. Kelly may
select, and that the one which shall be
decided to be in the wrong shall resign
their designations to be placed in the
hands of the supreme judge beforehand.
Mr.. Albaugh in replying to Mr. Kel-
ly's statement also brings out the fact
that the purported affidavit by Stale
Auditor Wells was made without Mr.
Wells being in Topeka. The affidavit
is dated yesterday, September 1, while
Mr.. Wells has not been in Topeka since
last Friday.
Mr.. Albaugh's reply to Mr.. Kelly in
which he issues his challenge. is as fol-
lows:
State Treasurer Kelly is charged
with increasing valuations and increas-
ing the levy, so as to raise $500, 900 more
for the fiscal year, beginning July L.
1903, and ending July 1. 1904, than is nee
essary TO care for the appropriations
made by the legislature for said fiscal
year 1t is not surprising that a man
who stands convicted in the minds of the
public of changing records and raising
vouchers. and warrants in Miami county
and who ten years after making such
changes and such raisers, and compelled
to pay back. at least a part of what he
thereby defrauded the county out of,
should ignore records and official reports
in presenting figures to the public.
mo one knows better than Mr.. Kelly
that the state auditor cannot draw a
warrant, nor can he pay penny from
the general revenue fund in the state
treaSurer'S office without an appropria-
ton having been made to warrant such
payment. On pages Is and IA of the 18th
biennial report of the state auditor, the
itemized appropriations for the fiscal
year ending June so, 1901, are shown, to-
gether with the amounts drawn and un-
expended balances This shows that for
that fiscal year 81, ,639. .S59.66 was appro-
priated, that $222T, ,S54.64 was paid out
and an unexpended balance turned back
of $412, 2,005.02. On pages 113 and ia of
the same report, it is shown that for the
fiscal year ending June 30, 1902, the total
amount appropriated was $2.624. 596,
the amount drawn, 2,25S 593 81, the un-
expended balance turned back being
1856, 213-35.
These figures cannot be refuted by
a pretended statement given by State
Auditor Wells and purporting to have
been sworn to by him in Topeka Kan
sas. on September 1, 1903. when it is a
well known fact to everyone and can
be verified by any one in Mr.. Wells
office that he has not been in Topeka
since Friday of last week. Mr.. Kelly
made these pretended figures himself
in his own office and to suit his own
purposes and then gave them out with
Mr. Wells signature and pretended
oath attached.
.'The issue is, will the levy raise more
money than is needed for the fiscal
year ending July 1, 1904?
"On July 1, 1902. there was In the
state treasury $2S1, ,O01 .04. A 5-5-10 mill
levy on an assessment of 1868, l63, $50,
together with the fees turned into the
state treasury not only paid the appro-
priations for that year. but left bal
ance to begin with for the year. COM
mencing July 1. 1908 of 1899, 1851. The
increase in valuation and the increase
in assessment will raise $49O,4S4 more
for this year than the levy raised for
last year
LAS these are matters with which the
public canr OF readily and is not like
ly to familiarize ITSELF make MI Kelly
this proposition:
1--WE will both place our designations
he. as state treasurer. and L, as panH
commissioner, in the hands OF any one
of the seven members of the Kansas
supreme court, whom he may designate,
who shall be made referee in the matter
He maintains and states specifically IN
the Topeka Capital. under date of Au-
-
the fiscal year ending July L. 1904, were
one-half million dollars more than the
appropriations for the fiscal year end
ing July 1, 1908, and for this reason
saws it was necessary to raise 5000, 900
more to care for such appropriations
than had been raised for the preceding
wear I maintain that the appropria-
tions for the fiscal year ending July l,
1903. were greater than those for the
fiscal year ending July 1, 1904. Both Mr..
Kelly and myself shall have opportunity
to present our contention to such ref
cree If such referee does not find that
Mr. Kelly is more than 1000 wrong
and that 1 am in error less than $780,
OOO then my resignation is to go TO the
governor and be accepted. If, on the
other hand. Mr.. Kelly is found TO be
$3.50, 600 or more in error, his resignation
is to go to the governor and be accept
ed
''Mr Kelly contends that there is
big discrepancy in my statement. that
the following money was raised for the
fiscal years, 1901 and 1902:
Returns from 5-5-10 mill levy
on a valuation of 1853, 1885,
O45. Valuation of 1901 .....s 81 ,997 ,30400
Same amount for fiscal year
ending July, 1902 ...-......- 1881, ,354O0
Collections from fees for two
year period ----.--...-.- 6OS,l"-eO
Total received by treasurer
for two years .---...--...--- 4,6O3.S35-6O
Mr. Kelly asks with much gusto. if
the legislature of 1901 appropriated for
these two years $5,157.755-15 and collect
ed in full from the levy and fees, $4,603,
s35 so, where did the state get the
s55S. 955 to pay the difference2'-
Mr. Kelly knows that in 1901 $412,-
O0502 of the appropriations was unex-
pended and that for the year 1902. $685.
312 35 was unexpended, hence that there
was no difference to pay, but instead
that there was an increased balance
left over
The chief difference between the fig
ureS of Nj Albaugh and Mr. Kelly