The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-29
School Fund Commission Forced
Into Courts.
Political Managers Try to Boil.
ster Them Up.
SUE STATE JOURNAL.
They Ask for the Modest Sum
of $45, 900.
Action Can Not Be Tried Before
Election.

o'clock, c. c. Coleman, attorney general
for Kansas, J. r. Burrow, secretary of
state, l. L. Dayhoff, superintendent of
instruction, the three state officers who
comprise the state school fund commits
sion, and who bought the $123,O 900 of CO.
manche county bonds from A. A. Cod
ard, filed suits in the Shawnee county
district court against Frank p. Mac
Lehman, proprietor of the State Jour
nal. The petitions in each suit were
identical and each asked for $4,000
damages because the plaintiff claimed
to have had his character damaged to
that extent.
Mr. Coleman, Mr.. Burrow and Mr..
Dayhoff are all three oficeholders at
present and are all candidates on the
Republican ticket for reelection to the
offices they now hold.
Mr.. Coleman, Mr.. Burrow and Mr..
Dayhoff especially Mr.. Dayhoff, have
been indignant that the State Journal
should print the facts about the Conan
che county bond deal and criticise the
official actions of these three members
of the state school fund commission.
Mr.. Coleman, Mr.. Dayhoff and Mr..
Burrow have been urged by party
workers, and others, 70 do something.
1t has been explained to them, by poll
ticians and others, that unless they re-
ments of the State Journal concerning
the Comanche county bond deal would
work against them at the coming cleo
tion.
So the three members of the school
fund commission have brought damage
suits against the State Journal but none
of these suits will be triable in the dis
trict court, or any other court before
the election in November. In fact they
will not be triable before January, 1900.
The next term, the September term,
,sw~ 4 lot HaF
begins September 6. To be triable at
a coming term of court a case must be
filed in time to have the issues made
up ten days before the beginning OF
the next term. Ten days will not
elapse between August II and Tues
day, September 6, but besides that al
ter a case is filed by une plaintiffs the
defendant is given thirty days to an
swer and then the defendant is given
ten days in which to reply, which
means that with the thirty DAYS 10
answer, the ten. days to reply and the
ten day limit before the beginning OF
the next term of court that case
must be filed so days before the be-
ginning of a term.
The petition in each of the three
damage suits filed in the district court
Saturday afternoon against the State
Journal. after giving the name OF the
plaintiff etc, says:
"That until the commission by the
defendant of the wrongs hereinafter
set forth, this plaintiff had always
sustained a good character and repu-
tation and had been reputed and ac-
cepted in the community and in the
state of Kansas and in the adjoining
states to be a person of good name,
fame and credit, and had never been
suspected of entering into any con-
Spiracy to loot or cheat the school
fund of the state of Kansas, or to COM
NIT any wrong whatever concerning
said school fund, or of corruptly con-
spring with others to cause a loss to
the state of Kansas. or to profit by
any 'rake-off,' or unlawful commits
sion,' or corrupt earnings, or result OF
any conspiracy, or any other unlawful
conduct concerning any school fund oe
the state of Kansas. Nor had he ever
been suspected of having corruptly
advised or influenced the auditor OF
the state of Kansas, or any other state
officer. to register any ponds, or to do
any other thing other rnan his official
duty, or of having corruptly advised
said board of commissioners to use
an improper basis of assessed valu-
alton for the purchase or bonds. or Of
having deprived or assisted in depriv-
ing the said school fund of any money
or interest in order to give anyone
any commission or profit, or of having
done anything crooked or irregular
in the purchase of bonds for said fund,
or of having forced any questionable
or unlawful or corrupt deal concern
ing the same, or of any conduct black
and ugly or of carrying out or OF
assisting in carrying out any conspir-
looted. or of any dishonest or corrupt
conduct
THAT the said Frank p. MacLennan
for number of years has been and
was on August 20, 1904, engaged in pub
fishing a newspaper in Topeka, Shaw
nee county, Kansas. called The Topeka
State Journal said newspaper being
published daily except Sunday and hav-
ing a large circulation throughout the
state of Kansas and adjoining states.
THAT said defendant, well knowing
the premises and contriving wickedly
and maliciousIy intending to injure this
plaintiff in his good name. reputation
and credit and to bring him into public
scandal, infamy and disgrace among
adjoining states, and to cause it to be
suspected and believed by them that
this plaintiff had entered into a con-
spiracy to loot or plunder the school
fund of the state of Kansas, and of
having corruptly ,conspired to cause
loss to the state of Kansas and to
profit by 'rake-off' or corrupt reward
for such conspiracy or earnings there
by, and of having corruptly advised and
the auditor of the state of
Kansas to register certain bonds in
violation of his, the said auditors Off
cial duty, and of having corruptly ad-
vised said board of commissioners to
use an improper basis of assessed val
uation for the purchase of bonds, and
of having assisted in depriving the said
state school fund of $32, $40 interest, in
order to allow another person a COM
mission or profit of $1,000, and of car
rying out a conspiracy by which said
school fund was looted, and of conduct
black and ugly respecting said fund.-
and maliciously to defame plaintiff and
expose him to public hatred and con-