The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-07

the legislature to take up the matter ?''
81 would only do that as a last re-
sort. 1 hardly think it will be neees-
sary."
It seems to be the general impress
sion today that Governor Hoch and
the attorney general are preparing to
begin criminal proceedings against
Kelly in case he fails to put up the
1t is also thought that it will be al
most impossible for Kelly to find
bondsmen willing to sign his new
$3.50. 900 bond, to say nothing of the
additional surety on the old bond. No
one would want to go on the old bond.
for it would simply mean a forfeiture
of large sum of money.
Tt is highly probable that the $780,
aside from the Deviin share, would be
very difficult to collect. Surprising
that the company is entirely reliable,
and would pay $500,000 rather than go
fighting chance to escape liability on
the ground that Governor Hoch should
have required Kelly to give a new
bond, under the state depository law,
prior to April 6, which was before any
loss occurred.
There is a necessity Of two bonds"
said w. R. Stubbs. who was in CONSUL
tation with Governor Hoch today
"The bond required by the new law
doesn't go into effect until September
1, when the depository law goes into
operation. The old bond is to protect
the state until that time. Kelly's pres
ent $1,000,000 is virtually eaten up.
Devlin was on for $5G0,O00. He is
now bankrupt so half the bond is
wiped out in that way. It will take
the other 100000 of the bond given
by the Scranton Security company to
pay the loss the state win sustain on
fits $4,000 deposit in the defunct
bank. So this wipes out the other half.
AS matters now stand, Kelly has $780,
900 of the states money in his custody
and on deposit and the state has no
protection at all by bond. It won't
have until September I, unless the old
bond is repaired
1t seems to be the general belief that
Governor Hoch has at last come to the
finds that it is absolutely necessary to
his own political welfare to cut loose
from the man for whom he has apollo
gized and silently endorsed ever since
the opening of the last campaign
But in the meantime the state is in
a rather delicate condition so far as its
finances are concerned. It has on de-
posit II million dollars in various
banks besides the Y million in the
First National bank, for which there
is not one cent of security. While the
new depository law went into effect in
| March 1t does not become operative
until September i, when the bids of
banks are opened This depository
law repealed the old law by which Mr..
Kelly has money in banks in the pro-
cess of collection. In other words the
| state treasurer has 1a million dollars
Illegally in banks whether there for
collection or not.
Hoch Is to Blame.
State Senator James F. Getty, of Wy
andotte county. says in an interview in
the Kansas City Times that Governor
Hoch's negligence in examining the
state treasury makes the governor
equally guilty with Kelly In the charge
of nismanagement of the state funds.
II my reading of this law is correct
and the governor had performed his
duty as the law requires him to do, 1t
would have been a matter of public rec
ord that the states money was not in
the vaults OF the state treasury as re-
quired by statute" said Senator Getty.
I'm my Judgment the people of Kansas
will hold Governor Hoch equally re-
sponsibIe with the state treasurer for
any acknowledgement with regard to the
state funds.
aside from the statute that makes it
the duty of the governor to count the
money and examine the records in the
office of the state treasurer once a
month. it is a very remarkable thing
that after the state legislature in the early
part of March placed 1t the disposal of
the governor the sum of 1000 for the
purpose of investigating or hiring ac-
countants to investigate the finances of
the state, that nearly four months af-
CeTWdTQS the governor mas not DeGn aUIe
/ to tell that 12 million or more dollars
has been placed in various banks of the
state and not kept in the vaults of the
state treasury as required by law.
81 am not defending or excusing the
state treasurer, but l am simply stat
ing that in my judgment where the
| law prescribes duty for the governor
| to perform, the faithful performance
of which would have saved the state
from financial loss, that the governor
| will be held equally liable to the peo-
pie for any loss occasioned by his
neglect in the performance of the
duties of his office.
''The people of the state of Kansas
are entitled not only to an honest but
| faithful administration of the affairs
of the state, and when loss is occa-
stoned to the state by the acts of its
| officers, an officer whose neglect of his
| official duties has occasioned or aided
| in such loss must give to the people
some more meritorious defense than
| the plea that he simply neglected his
sworn duty in order to escape his re-
| sponsibility at their hands,