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


said conspirators made way with the
money for said bonds, and appropri-
ated the same to their own uses and
That in addition to the fraudulent
manufacture of said $4,000 in county
bonds so fraudulently issued and dis
posed of as aforesaid. the said Mowry
pretended to organize school districts
two and three in said Comanche
county. and issued, he signing the
names of the so-called officers thereto,
two $1,000 bonds, which bonds he car
ried to Topeka, Kas-, and there sold
to the commissioners of the per-
manent school fund, for said fund,
each of said bonds for $4,000 The
then commissioners of that fund being
William H. Smallwood, secretary of
state; H d. McCarty, superintendent
of public instruction, and A. L. Will
liams, as attorney general, but the pur-
chase was made in the absence of
A L. Williams, the attorney general,
and without his knowledge and con-
sent. And these two bonds of said
school districts mum bered two and
three then and there became a part
of the permanent school funds of this
state. and from thence hitherto have
remained in and part of said funds.
That said bonds were fraudulent
when issued, fraudulent when sold to
the permanent school fund, and are
fraudulent now, and not worth the pa
per they are printed upon, and the
same is equally true with regard TO
the other $4,000 in bonds fraudulently
disposed of as hereinbefore averred-
That when the legislature of Kansas
met in January, 1874, the said Mowry
appeared as member from said Co
manche county, and was permitted to
take his seat. That thereafter, during
said session of said legislature, a reso-
luton was passed directing the COM
mittee on state affairs of the house to
investigate the organization of that
county, and that committee, after MAX
Ing such investigation as the weather,
h lse-Tn f1n oh fnT-r nf HI
session, allowed, reported that said
Mowry was not entitled to his seat in
that body,-but nothing further came
of it.
That at a special session of the Kan
sas legislature, held in September, 1874,
a joint resolution was passed through
both houses, and approved by the gov
ernor. appointing Attorney General A.
L. Williams, Senator Matheny and
Representative Jones a general COM
mittee, with instructions to investigate
the organization of that and other
counties. That said joint committee
investigated the organization of the
said Comanche county, the said attor-
ney general making his report separ-
ate from the others, and his report or
said Comanche county was in the
S. Stone & Co, will publish within
words and figures following, to-wit:
"COMANCHE COUNTY.
1.-The history of my Investigations OF
Comanche county will be divided into two
headS. the nrSt devoted TO us lnHdDildAtS,
the second to its finances.
I. Comanche county has no inhabitants.
and never had.
- Having no inhabitants, county
seat, no officers and no books, it Will be
seen that it will be difficult to state tho
financial condition of the county. From
the person claiming to be respectively
treasurer and chairman of county board
of said county, and also from a statement
OF the auditor of state. find the bonded
Indebtedness to be as follows:
Building court house -..-----.........-$ SO GOO
T3uiIdinG bridges % 900
General expenses Observation-Disclosures 2oOo0
Total 49,. .....................s72 So, 900
In addition to this. school districts Nos.
2 and have each issued $1,000 in bonds, |
which, am sorry to say, are now a part
state Under what circumstances the
fund the superintendent of public an-
struction1 secretary Of state and attornev
generaD purchased these bonds, and from
whom. should be inquired into by the leg
islature. There is. it will be seen, but
little testimony in regard to the popula
ton of Comanche county But testimony
ceded that no one ever lived there at the
time OF my investigation. Moreover. I
the result of actual observation that there |
are no inhabitants in the county and |
that there never was bona fide tnhabi- |
tant there.
IF Marius sat amid the ruins of Car
image and wept, I camped upon the town |
site of Smallwood (the county seat) and |
Toasted upon wild turkey, with no (white1 |
man to modest or make me afraid In |
SmalIWOod there are two log cabins Goth |
deserted of cOurse) without doors, win |
dows, sashes or blinds. About a mile off |
is another deserted ranch and these COM |
pose the houses of the 'householders' of |
the county In this county there is not an |
acre of land or dollars worth of prop
erty subject to taxation. Its sole inhab- !
itants the Cheyennes and the coyotc /
the wolf and the Arrapahoes, and its or
ganlzation is and always has been a |
fraud
Unearths the Fraudulent Bonds.
That when the legislature of Kan
sas met in January, 1875, Governor
Osborn, in his message to that body
animadverted at length upon the out
rageouS frauds that had been perpe-
trated in Comanche and other western
counties, and laid before that body the
reports of the said A. L. Williams at
torney general, and of the said Senator
and. Representative Jones
relative thereto.
That when the legislature of 1876
the said Mowry turned up
as a member of the house from Doni-
phan county, Kansas, and the question
Of the said fraudulent organization of
the said Comanche county came up in
connection, with the crime that had
been perpetrated against the people of
Kansas in the looting of their school
funds when the said school fund COM
missioners purchased the two bonds
for $1,000 each of school districts
numbers two and three in Comanche
county, and the whole subject was re-
ferred to the committee of state af-
fairs of the house. who made a thor
0ugh investigation relative thereto,
and reported to the house the evidence Il
aiken by them and their findings of
fact thereform, which report is in
words and figures following, towit:
TO the Speaker of the House of Rep
reSentativeS:
1.-The undersigned, your committee
Under and by virtue of house resolu-
ion adopted January, IA, 1876, and
referred by order of the house to the
committee on state affairs, January II,
1876, of which the following is a
copy:
" Whereas, By the last annual re-