The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-05

$4,000 of the refunded bonds of Co
manche county. drawing four and one
half per cent. And thereafter, on the
18th day of August. 1904, and in the
Registered at Night.
night time, or after the usual hours
of business, the said bonds were regis
| tered by the state auditor, S. G. Wells
and the state treasurer, 7. 7. Kelly
and the said school fund commission
promise from said S. G. Wells not to
permit the newspaper reporters to
| have access to his bond record until
after the election in November. And
A. GODDARD received warrants on
| the state treasurer for the amount, to-
wit; $123s000, and, in addition there
| to. a warrant for the interest. at four
and one-half per cent, which had &C
crued thereon from July 1, 1904, to
August IL, 1904. That at the date of
said transaction, towit: August II,
1904, the population of said Comanche
| county was less than seventeen hum
dred men, women and children, and
| the per cent of taxation about six and
one-half per cent of all the property,
real and personal, in said county, all
| of which was known to the plaintiff,
or. by the exercise of any degree of
| diligence, might and should have been
known to him.
That the total valuation of all prop
SCISSORS of said Comanche county in
1903 was $633,s52, which amount was
thereafter raised by the state board of
equalization for that year to ST.
o36.s65.
Board Nearly Doubles Valuation.
That the total valuation of all prop
erty returned for taxation by the as
SCISSORS of Comanche county in the
year 1904 was 1852, 553, and this was
raised by the state board of equaliza-
ton for 1904 to $1.041,771.
That the total bonded indebtedness
of the county of Comanche for. 1903
and 1904 was and is $156, 5000
Attorney Generals Sensational Ruling.
That prior to committing the griev-
ances hereinafter complained of, 1t
had been held by the said school fund
commissioners in fixing the valuation
or municipality that the return made
by the county assessors should be
taken as the true valuation, and not
that fixed by the state boara of equa1-
cation.
That under the law as it was in
1894 the said commissioners were pro-
hibited from purchasing bonds where
the total bonded indebtedness exceed
ed 10 per cent. of such valuation SO
returned by said assessors; or in ex-
cess of the market value thereof.
That the said agreement between
the board of county commissioners OF
A.
was executed on the 7th day of June,
1904, and the resolution authorizing
and directing the chairman and clerk
to execute the said 4 II per cent. re-
funding bonds was adopted by the
county commissioners of Comanche
county on July 5, 1904; and on July
Is, 1904, the said board of equallza-
ton, consisting of the secretary or
state, the state auditor and the state
treasurer, convened at Topeka, in the
state of Kansas, and did, on July Fl,
1904, the very date of the formal Of
fer of these bonds by said GODDARD to
ton of all property, other than railroad
property in said Comanche county,
Kansas, over the amounts returned by
the assessors of said county to the sum
of $1,041.771, when it was desirable
to raise the valuation in the state S.
100000; whereas, in 1908, the said
state board of equalization desired to
increase the valuation of the state
s25.0o0,oO0. nevertheless an increase
was made in the valuation of 1904
of $4,906 over the increased val
uation of 1903, which increased
valuation would enable the state
school fund commissioners to pur-
chase said fraudulent bonds of
Comanche county, and which it could
not have donS had the said state
board of equalization adhered to the
that the Is per cent. limitation should
apply to the valuation fixed by the
county assessors, and not by the state
board of equalization, and such change
in the rule so previously thereto
established was, as this defendant is
advised, and charges the fact to be,
the result of a determination to pur-
chase said $4,000 of said bonds of
Comanche county, then owned by said
A. A. GODDARD.
A Double Quick Sale.
That. by some kind of Encouragement
entered into between the said GODDARD
and the said State Treasurer Kelly and
said Secretary of State Burrow, and
said Attorney General Coleman, and
said Superintendent of Public InStruc-
ton Dayhoff, the said school fund COM
missionerS purchased and paid $123, 900
for said bonds, and placed the same in
the permanent school fund of this state,
with the knowledge of all of the fore
going facts relative to the fraudulent
issuance of said bonds-which is also of
record in said offices in the capital of
the state of Kansas, wherein said trans
action was consummated, and this in
the face of the fact that there was then
in said school fund twenty-seven bonds
Delinquent Bonds Already Held.
of said county of Comanche-many of
which were due, and had been
for several years and this exclq-
hereinbefore referred to. And this
in the fact of the further fact that
there are unpaid in said permanent
ScaOOlIullQ many tAOuS14iuS VI Ool4dIS Oh
western Kansas bonds, in default I'M
paid and unpayable, and not worth the
paper they are written on. And this
in the face of the further fact that they
knew, or must have known, that the
said county was not, and in all human
Final Payment Entirely Improbable.
probability never would be able to pay
said $123,0O0 evidenced by said
bonds. And this in the face of the
further fact that said school fund held
S62, 500 of Greeley county bonds, upon
which $14, 100 for interest had accrued,
which the school fund commissioners
had been compelled to effect a compro-
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