The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-19
BAILEY TO PAY IT.
May Return s'Grocery Bill y
Money to State.
Ex-Governor, Relieved from Liza
bility, Isn't Satisfied.
TO WIPE OFF SLATE.
Esad Mnnnu for Maintenance ON
D WIPE OFF SLATE.
Used Money for Maintenance on
COleman's Advice.
Supreme Court Decided AttOr'
ney General Was Wrong.
Mr.. LoOmis Says Compromise
May Be Made.

Negotiations are pending between
the attorneys for Ex-Governor w. l.
Bailey and Attorney General Coleman
which will likely result in the repay
ment to the state by Governor Bailey
of the $4,000 which the supreme court
held he had no authority to use for
the expenses of maintaining the ex-
ecutive mansion, in spite of the fact
that the $4,000 was appropriated for
maintenance"
While Governor Bailey has not con-
sented to, repay the money, his at
torneys have advised such a course
and the attorney general is at work
going through all the bills which were
paid by Governor Bailey out of the
$4,000 appropriation, and he will
shortly notify the attorneys for Gov
ernor Bailey what portion of the ST.
600 he considers to have been "legiti-
mately'' expended.
1t was on the advice of Attorney
General Coleman that Governor Bailey
used the $4,000 appropriation for the
purposes which the supreme court
held invalid.
When the supreme court rendered
it's decision it did not require that the
money be returned to the state, and
the precedent established by the nom
repayment of salaries and moneys ex-
pended on the court of visitation,
winch was QecldreQ UNCONSTITUTIONAL,
was deemed sufficient to relieve Gov
ernor Bailey of the necessity of re-
paying the money. Governor Bailey
felt that the decision of the supreme
court was unjust but he bowed to its
decision and paid the costs in the case,
amounting to $26.
Near the close of the last session of
the legislature the state senate passed
a resolution relieving Governor Bailey
of any legal liability in the matter, in
e,cR0a rTrs1a &c he y h.
vice of the attorney general in ex-
pending the maintenance fund and
used it for the purpose for which it
was appropriated. The decision of the
supreme court was that the appropria-
ton of the money to pay the gov
ernor's household expenses while iiv-
ing in the executive mansion was un-
constitutional in that it virtually in
creased his salary during his term of
office.
Soon after the legislature adjourned
Governor Bailey came to Topeka with
the idea in mind of looking up the
amount he had expended which would
come under the supreme courts ruling
and returning it to the state. He men
toned this idea to some of his friends
and was persuaded not to do it. He was
told that it would be good thing to do
from political standpoint, but that he
was not morally liable for the amount,
inasmuch as he had used it in good
faith under a decision of the attorney
general.
Il don't wish to do it because of its
influence politically said the ex-gover-
nor. Il don't want to make any grand
stand play. The only idea [ had in
mind was to discharge any moral obli-
cation the state may have against me-
Attorney General Coleman is not in
the city today and no statement about
the matter could be obtained from him.
A person who is conversant with his
plans said:
are that Mr.. Coleman will not bring suit
against Mr.. Bailey for the money. The
attorneys for both sides are looking the
matter over, and will probably agree
upon a sum to be paid by Mr.. Bailey in
compromise of the bill. There are some
items about which there is no question
as to Mr.. Bailey's liability; on others
1t seems that Mr.. Bailey had the right
to expend the money as he did. The
attorney general does not want any
trouble with Mr.. Bailey. and the COM
promise will probably be effected"
N. H. Loomis, one of Governor
Bailey's attorneys in the fight before
the supreme court, said today:
81 have been expecting Governor
Bailey down here to talk this matter
over, and he is likely to come any
time. 1 am sorry that the fact that
negotiations are in progress has be-
come public, for 1 had hoped to avoid
any publicity until the whole thing is
settlement Any agitation is likely to
make Governor Bailey refuse to pay
over a cent. He dislikes to appear to
concede that he used the money
without due authority, and he may re-
fuse to accept any compromise which
may be proposed. He is inclined to
prefer to make another fight, but it is
my advice that he will end the whole
affair by paying the money. 1t is the
| easiest way out of it.
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