The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-21
CoLEMAN's CODE.

If Mr.. c. c. Coleman, attorney general
| of Kansas, does not take quick action
he is likely to find himself the most
roundly denounced man in the state. We
mean by Republican papers. by those
against which he has not brought a
$45, 900 libel suit.
The newspapers are now dividing their
condemnation between Kelly and Cole
man and if the attorney general reads
some of the black headings in the Re-
publican papers of Kansas he will GER
tainIy think he is a target.
ME-. Coleman has had the sworn evil
dence before him two weeks, that
Treasurer Kelly used 1923. 900 ofthe state
funds to finance the purchase of Co.
manche bonds and afterward sell them
to the schol fund commission of which
he was member and the advisor with
out whom the deal would have failed.
But Kelly put the money back in six
teen days and the state lost nothing!
except the interest.
The view he has taken in the Kelly
embezzlements is astonishing. He is
the officer upon whom the governor re-
lies for prosecution and defense in the
states interests and yet the attorney
general stands up and takes the position
that a man may steal money from the
state and if he can get it back quick
enough, cannot be prosecuted!
Is a man who steals a horse not
thief, if he returns the animal?
Has he violated no law if he gives
back the stolen property?
If a burglar rob the state house OF
valuables, and he is holly pursued by
the police, let him quickly turn the cor
ner and throw the booty into the cor
ridors OF the capitol Attorney General
Coleman will not disturb him. He has
restored the property and the state is
out nothing!
The Coleman Criminal Code seems
to be this: Don't get caught, but if you
are caught, return the money before
can issue any process against you, and
then if 1 bring any action, it will only
be a polite, civil one.
Here is Colemans statement wherein
he gives the public these strange ideas
of the duties of an attorney general:
Attorney General Coleman says he
does not believe the developments
warrant criminal proceedings. He is
now investigating the shortages which
have not been made good in the treas
ury and says that he will institute
civil proceedings for the recovery of
the interest on the Reno and John
son county bonds as soon as he has
completed his investigation. Asked
whether or not criminal proceedings
will be instituted against anyone he
replied:
THE Kansas law does not provide
that the attorney general shall be
made the complaining witness against
anybody. A report by the state ac-
countant shows that there are short
ages in the funds of the state treas
ury and L intend bringing action to re-
cover the amounts. This report shows
that two amounts have been paid into
the state treasury. There is no ground
for civil action there"
Would there be a basis for criminal
proceedings in the amounts which have
been made good?" he was asked.
There would not; and if there were
1 am not the officer to institute such
a case Any person who would make
complaint before a county attorney
could get a warrant if that officer be-
heved there was a basis for the charge
made.
THE Kansas construction" continued
the attorney general guarantees hat
accusers face to face IN the trial court.
1t would be necessary to show in a
criminal proceeding against State
Treasurer Kelly that he actually re-
ceived the check which was mailed
from the New York bank. 1t would be
agency who could give such testimony
and then he would have to come to
Kansas and make a jury believe that
he knew that Mr.. Kelly actually re-
ceived the money. Even with his testi-
mony it could not be proved that Mr.
Kelly appropriated the proceeds of the
transaction to his personal use. The
money is in the treasury and Kelly
says it was sent in by some person un-
known to him.