The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-11-30
KELLY FILES ANSWER.
Claims Governors Maintenance Fund
Isn't to Buy Supplies.

T. T. Kelly filed his answer in the
supreme court late Tuesday afternoon
in the mandamus suit brought against
him by Governor Bailey to compel him
to countersign the warrant issued to
the governor by the state auditor for
the maintenance of the executive resi-
dence during the months OF Septem-
Der and October. Kelly refused TO
countersign and pay the warrant, act
ing contrary to the advice of the at
torney general. Kelly's attorneys are
F. Dumont Smith and Gleed, Ware q
Gleed.
In his answer Kelly gives the item
lied bills of the expenses covered by
the warrant. and then continues:
This defendant further states that
said articles and supplies were pur-
chased and said expenditures were
made for the private use and beneht OF
said w. J. Bailey personally and for
the use and benefit of his family and
private servants, and not in maintain
ing said executive residence or for any
public or state purpose whatever; that
a large part of said supplies We're
actually consumed by said w. }.
wants, and the executive residence,
and constituted a large part of the
ordinary living expenses and daily
food of said w. ]. Bailey and the said
members OF his family and depend
ents, and were bought for that pur-
pose; and that said expenditures are
not properly payable out of said ap-
preparation and may not be paid out
of said appropriation or out of any
moneys or funds in the hands of this
defendant.
This defendant further states that
the claim for which said pretended
warrant was. issued was not a claim
which had been ordered by act of the
legislature nor one contracted against
the state by the governor, secretary of
state, treasurer. or executive council
tn ra,Tr- c.raan Of 1Dx 0Td
claim sworn to by the claimant as cor
rect and unpaid, nor certified to by the
officer contracting the same that such
claim was contracted by him for the
state under authority of law and that
the amount claimed was correct ac-
cording to such contract and unpaid,
as required by : section 1897 of the
general statutes of Kansas of 1901,
and said state auditor had no right or
authority to issue said warrant for
said claim, and this defendant had no
authority. to counterSign and register
the same, nor was it his duty to do so.
This defendant further states that
said expenditures were not made under
the direction of the executive council Of
the state of Kansas, as required by Sec
ton 4, chapter of the session laws of
Kansas for 1901, nor was any itemized
account, made by the person to whom
the money called for by said expendi-
lures was claimed to be payable, filed
with the auditor of state duly verified
the amount thereof was just, due and
correct, and that the expenditure was
necessary and actually made; nor was
any such account approved by said ex-
ecutive council, as required by section
4, chapter 13 of the session laws of
Kansas for 1903; nor was any properly
authenticated voucher prepared by said
executive council for said amount, as
required by section of chapter of the
session laws of Kansas for 1901; and
said expenditures could not be paid out
of said appropriation or upon said war
rant.
This defendant further states that
he denies that by said chapter Is of the
session laws of Kansas for 1903 any APP
preparation was made for the purchase
of groceries and provisions, or any 9TH
er similar supplies, for the use of said
w. j. Bailey as governor of the state
of Kansas, or for the use of any of the
occupants of said executive residence;
and this defendant states that if any
such appropriation was made by such
act, the said act increases, during the
period for which the said w. ]. Bailey
was elected governor of Kansas, the
compensation established by law for his
services as such governor, and is in
contravention of section Is, article 1 of
the constitution, and is unconstitution-
al and void