The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-11
WAGGENER HEARD FROM
Atchison senator Discusses Attorney
Gen. Coleman's Threats.

Atchison, Sept. 11.-There have ap-
peared in the papers quite recently sew
eral items emanating from the attor-
ney generals office, to the effect that he
was preparing to bring suit against B.
p. Waggener, of Atchison, Kansas, to
recover the sum of eighteen hundred
dollars, in his hands as administrator
of the estate of Thomas Gillian, de-
ceased. To a reporter of the State Jour
nal Mr.. Waggener gives this statement
concerning the matter. He said:
IF Attorney General Coleman had
shown the same amount of interest in
protecting the state school fund in the
Comanche county bond deal that he is
apparently showing in the Thomas
Gillian matter, the probabilities are
that his conduct would have been com
mendable, at least.
1.-The facts relative to the Thomas
Gillian matter are as follows: Several
years ago Thomas Gillian, an engineer
on the Missouri Pacific road was killed
in a wreck, and, at the time, it was
supposed that he had no wife or rela-
tives living. At the instance of some of
the officers of the Brotherhood of Loco
motive Engineers, 1 was appointed adj
ministrator of the estate. Subsequently
a lady in Kansas City, Mo, claimed to
be the wife of Thomas Gillian, and en-
titled to inherit his estate. There SEEM
q common law wife. of Gillian, but
there was no evidence of any marriage
She fled application in the probate
court to be adjudged the widow of the
deceased, and a compromise was eff
fected with her whereby certain por-
ton of the property was turned over to
her. under an agreement that the re-
mainder of the funds should be used
for the purchase of a monument for the
grave Of Thomas Gillian, and the sur
he n
Brotherhood of Locomotive Engineers,
for the purpose of assisting in the cree
ton of q building for the benefit of that
organization. AS a matter of precau
ton, secured the passage of an act
Of the legislature in 19O3-being chapter
395, Session Laws of 1903-section one
Of which reads as follows:
a. 'Section l. That the administrator of
the estate of Thomas Gillian, deceased, is
hereby authorized, after paying all debts
proved up against said estate, and the ex-
penses of such administration to pay over
to the MaSSaSOit Division No 1874 of Broth
erhood of Locomotive Engineers of Atchi-
son. Kansas, all moneys in his hands as
such administrator, and the receipts of the
president and treasurer or other chief Of
ficer shall be a full discharge of such adj
ministrator, upon the approval of his final
account by the probate judge of Atchison
county, Kansas
Thereafter the probate judge of
Atchtson county made an order, in
compliance with this law. for me to
pay over this money to MaSSaSOlt d.
vision No. 1874, Brotherhood of Loco
motive Engineers of Atchison, Kansas.
Before that order could be complied
with, the county attorney of Atchison
county, under instructions, I am in
formed, from the attorney general.
notified me that this money would be
claimed as belonging to the school
fund, and that if 1 paid it over to the
organization above named, would be
held personally responsible for it. 1
thereupon notified the county attorney
that the money would not be paid over
to the Brotherhood of Locomotive En-
gineers or to the school fund until the
courts had decided who was entitled
to it.
81 have no interest in the matter
whatever except a desire to see the
Brotherhood of Locomotive Engineers
get what thye are clearly entitled to-
and ] am persuaded that there never
would have been any question about
the matter had 1 not been one of the
attorneys representing the editor of the
Topeka State Journal in the libel suits
pending at Topeka. The attorney gen.
eral evidently thinks that he is annoy
Ing me by such intimations from his
Office as have been published in the
papers, but personally I do not care
anything about it, one way or the
other. Whenever the courts shall de-
termine who is entitled to the money
It is ready for them"