The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-06
THAT S45,OOO.
Messrs. BurrOw, DayhOff and
Coleman
DON'T Want All of 1t Right Now
Before Election.
TWO ANXIOUS TO WAIT
Coleman Alleges He Is Willing
to Sacrifice Himself.
Might Save His COmfederates on
the Board and Others.
I. T. Kelly, State Treasurer,
Furnished the MoneJ for Deal.

The State Journal has been sued
jointly for $45,O00 damages which it is
claimed have accrued 20 the three MEM
bers of the state school commission by
reason of one article which this paper
published concerning the purchase of
S123,000 of Comanche county bonds for
the school fund by these three commits
sioners who constitute the board for
such purchases. The suits have been
brought, the answers have been filed
and the issues are made up.
The court has intimated that it will
try the cases before election if the cases
are consolidated into one case with
three separate verdicts, the only OBJ
stacle apparently remaining in the way
of setting these cases for trial within
few days being the refusal of the par
ties VINO bring the suit, Messrs Dayhoff,
Burrow and Coleman. to sign the stip-
ulation for such trial This stipulation
has already been signed by the defend
ant. who waived all his rights for de-
ferring action and asked that the case
a whole be tried now. from three to
six months before it would ordinarily
come up in January. April and later.
To permit Mr.. Coleman, one of the
three school fund commissioners, to try
his case alone would mean, to an abso-
Lutte certainty, for the judge of the dis
trict court has been very clear on that
point. that the trial of Mr.. Dayhoff and
Mr.. Burrow, the other two, constituting
a majority of the school fund commits
sioners. could not be held before cleo
ton
We believe that it is clear to the
reader that this is really one and the
same case The only question involved
is the purchase, by these three school
fund commissioners. of the Comanche
county bonds Everything we charge
is simply based on that transaction.
Mr. Dayhoff is a member. of the COM
mission. Mr.. Burrow is a member of
the commission and Mr.. Coleman is
a member of the commission. No one
of them alone could have acted. The
action of at least two of them was
absolutely necessary to buy the bonds.
One of the members of the commits
sion, Mr.. Burrows. is also a member
of the state board of equalization, the
action OF which board was necessary in
the purchase of these bonds. Another
member of the school fund commits
sion, Mr. G. c. Coleman. is attorney
general, and his action as attorney
general in giving an opinion in the
case was necessary to the action of
Mr.. Coleman as school fund commits
sioner and his associates. Dayhoff and
Another party in the transaction is
Mr.. 7. T. Kelly, also a member of the
state board of equalization and with
Mr. Burrow constituting a majority of
that board.
The reader may ask what has T. T
Kelly, state treasurer, to do with this
matter? He is not member of the
state school fund commission. nor is
he a party to the suit brought
against this paper for $4,000.
We will tell Mr.. Kelly's connection
T T Kelly. state treasurer. furnished
the funds out of the state treasury by /
which A. A. GODDARD handled the trans
action before the state school fund
commissioners purchased the Conan |
che county bonds for 1923. 900 cash.
This is grave charge, but if Che /
Topeka Capital viii secure a brief and [
comprehensive denial from State /:
Treasurer Kelly. the State Journal will
publish said denial in a prominent |
place on the first page of this paper
tomorrow.
I'VE have instructed our attorneys to |
demand immediate trial. to waive all for
malities causing delay and to make any /
agreement necessary to bring q trial /
j. R BURRow.
&C c. COLEMAN
''If you will agree in writing for the
trial OF one of those cases, or of all /
three consolidated into one case, with
three separate verdicts 1 will pass on
the stipulation. 1 understand that it is (
desired to try this matter before cleo +
ton, but 1 wish to say emphatically 4
that I can try but one case. or all /
three cases consolidated as one with (
three separate verdicts," said Judge /
Hazen.
THE STIPULATION.
Coleman,
"Burrow.
''Dayhon
VS..
"MacLennan.
TT is agreed that these three cases
may be tried together before one jury; /
that three separate verdicts shall be I
returned by the jury. and may be tried /
at this term at such time as the court
and parties may agree on to convent |
ence all after this week. Monday. Oc-
tober 10, 1904, would be agreeable to
defendant.
(Signed-)
FRANK p MAC LEHMAN,
Defendant.
Waggener. Hackney and Waters, at
torneys
...---..-.-.-
-.-.-..-
The four blank lines are places where
the three state school fund commissions
ers and their attorney did not sign.
The State Journal an6 its editor and
proprietor are receiving considerable
space day by day from other newspa-