The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-11-02
C0LEMAN'S POSITION.
General Finally Declares
VIII Do Nothing Now.

C. C. Coleman, attorney general, has
finally made a statement of his posi-
ton to the Kansas City Star. In COM
menting on the attorney general and
his statement the Star says:
I'm defending his inaction in the
case of T. T. Kelly, state treasurer of
Kansas, Attorney General Coleman de-
clares that his office should not be
used, and shall not be used, to further
any political designs or purposes. Is
Mr.. Coleman quite sure that there is
no politics in the movement to post
pone action against Kelly until after
the election?
1T is thoroughly obvious from At
torney General Coleman's communica-
ton to the Star that he is also of the
opinion that it will be necessary to re-
elect Tom Kelly to bring him to an
accounting for the irregularities that
have been uncovered in the Office of
the state treasurer. This is quite equal
to the logic of a certain widow who
married a distasteful but persistent
sutton to get shet of him.
''Have you any notion that Folk
would ever have become conquer1ng
candidate for governor of Missouri
and would have achieved national dis
tinction as a reformer if he had wait
ed until the machine Democrats of
Missouri had cleared away the rub
Dish p
IF Coleman is not to take a hand in
this lob how does the Gazette figure
out that it will be done?"
CoIeman'S Statement.
This is Coleman's statement:
1.-THE views expressed by the Star
concerning what it conceives to be the
duties of the attorney general of Kan
sas in relation to the affairs OF the
state treasury and the treasurer have
been widely read, copied and enlarged
upon by the papers of this state. The
inference frequently drawn by the
Star and others and evidently intended
to be drawn, have been to the effect
that l have refrained from inStituting
for the purpose of shielding him from
the consequences of the charges made
against him. 1 ask a brief space for
the purpose of defining the position L
take
upon what has been said by the Star L
shall assume that it is the duty of the
attorney general to make the COM
plant himself as prosecuting witness,
for the purpose of prosecuting any
state officer against whom a charge of
violating the law has been made, II
such charge appears to be well found
ed Such prosecution, it will be adj
mitted, should never be made except
in good faith and with right motives.
The charges against Mr.. Kelly Wnlcn
have been the basis of your editorial
criticism of my course, have all been
made within the month next preceding
the election at which Mr.. Kelly is
wide circulation of the Star, and
through the press generally, the peo-
pie are already informed upon the
facts upon both sides. NO prosecution
charges were made by Mr.. Rowett
could further enlighten the public be-
fore November 8. No case so COM
menced could by any possibility have
been tried before election; nor could 1t
serve any purpose except to make
~ judicc against Kelly at the cleo
lion, or possibly to make capital for
myself The people of Kansas, as a
striking ct a foul blow. If T. T. Kelly
we're pI osecuted on the eve of election,
in response to popular clamor and
upon evidence immature ana msn1-
ficient a prosecution would be unjus-
rifable and the people Will justly re-
sent it.
IF the evidence necessary to prove
guilt were in the hands OF the state
at this time, immediate prosecution
would follow regardless of the ap-
preaching election, but my office ought
not to be used, and it shall not be
used for electioneering purposes,
to defeat another. AS an GINGER, a
lawyer and a man, know of no law
full or honorable way of using my Of
fetal power to condemn lawbreaker,
except by a trial in court upon COM
petent evidence. where the accused
may face his accusers, meet the Wit
nesses and be heard in his own behalf.
If Mr. Kelly is guilty of embezzle-
n1ent today, he will be equally guilty
when the evidence shall have been full
ly 6eveloped; and if there is to be a
prosecution every man Will know,
when brought at that time, that it
is in good faith and for no political
purpose.
'"The investigation by Mr.. Rowett
and by the executive and law depart
ments, which is being vigorously
pushed, is not yet completed; the
evidence is not within the states con-
troll in form to present in court, and
in the nature of things could not yet
be. Under these circumstances any
prosecution. at this or any previous
time, would be premature and abor-
tive.
eff when the evidence is complete.
it shall appear that a shortage does
exist, every resource of my Office shall
be promptly used to compel its res
toration to the treasury. And if it
shall appear that a crime has been
committed in the handling of the
states property, all the power in my
office. while I have it, will be used
to its fullest extent to prosecute the
guilty persons without fear or favor.
&C. c. COLEMAN.
Topeka, Kans, Oct. 81, 1904"