The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-07
GIVEN TILL JULY2O
Governor Hoeh Gives Tom Kelly
Notice.
Must File His New Bond for
$75O,OOO.
MUST FIX OLD ONE.
Tells Him to Make Good for
Devlin's Name.
Treasurer Intimates That He
viii Refuse.
Text of the Letters Written by
HOch.

Governor Hoch late Thursday after
noon made official announcement of
his intention to require $1,25O,00O
bond from Treasurer T. T. Kelly. as
the State Journal on Thursday after
noon announced he would do.
If Kelly refuses to give the 100000
additional security on his old bond,
Governor Hoch may bring criminal
proceedings against him under the
embezzlement law. or he may summon
a special session of the legislature to
impeach the treasurer.
If Kelly is unable to raise the
$75O,oO0 bond which is required under
the new state depository law, Governor
Hoch will proceed under Section 16 of
the law which says:
''If the state treasurer shall fail,
neglect or refuse to give the pond re-
quired by this act. the governor shall,
in writing, declare his Office vacated,
and appoint a successor to fill the
vacancy
1t was nearly supper time on Thurs
day when the governor took the de-
clSive action which is likely to have
such far reaching effect in the Kan
sas political situation. He sent the
following formal notice in writing to
the state treasurer, as required by the
new depository law:
The State Treasurer: The under
signed, governor of the state of Kan
sas, in compliance with the require
ments of section Is, chapter All of
the session laws of 1906, does hereby
fix the amount of the additional bond
to be given by the state treasurer in
furtherance of said act. at the sum of
Il million dollars. You will have un-
til the goth day of July, 1905, to COM
plete this bond and file it with the Sec
retary of state. The law contemplates
that the state will pay the expense of
such bond or premium charged there
for, provided surety company bond
is given. A form of said bond fur
nished by the attorney general is here
with transmitted.
dated this 9Th day of July, 1905.
GOVERNOR E. w. HOCH."
This formal notice was accompanied
by the following letter:
state of Kansas, Executive Depart
ment, Governors Office, July s, 1905
T. z. Kelly, Topeka, Kan. My Dear
Sir: The failure Of Mr.. Devlin, your
chief personal bondsman. weakens by
one-half your aggregate bond to the
state, as the bond bearing his signature
was Il million dollars of the total of
million dollars bond required by law to
be given by the state treasurer, leaving
only the surety bond "a million dollars
to protect the state, and that is more
than covered by the amount you had on
deposit in the now defunct First Ma
tional bank
"The condition of affairs renders it
necessary for you to make new bond
equal in amount to that rendered of no
vaule by the failure of Mr.. Devlin.
I'm the absence of a quorum of the
executive council exclusive of yourself,
hereby notify you to Immediately ex-
ecute a new official bond in the sum of
" million dollars with sureties to be
approved by the executive council. Very
truly yours
'sE w. HoCH, Governor
Mr. Kelly has insisted from the out
set that he is ready at any time to give
the new bond required by the state de-
pository law. But he has also main
tained that this new bond should re-
place the old bond, and that he could
not be compelled to make good the de-
faulted Devlin bond of half million
dollars.
Thinks Bond Is Excessive.
This morning Mr.. Kelly made the
following statement concerning Gov
ernor Hoch's demand for bond:
''I will give the bond which Gov
ernor Hoch asks for under the new
pared to say at this time whether it
will be a surety company bond or
personal bond
do you expect to have any difficulty
in securing this bond? ?"
NO
.'Do you consider this bond of $780,
900 excessive in amount?"
81 don't say that I do" said Mr..
Kelly, after a long period of reflection.
However I would like to ask you if
you have been able to discover. by
reading the state depository law, how
the treasurer is in any way liable for
anything of value? The securities
which are deposited here are made
ever come into the treasurer's hands,
"Will you comply with the gov
ernor's demand that you give addi-
tional sureties on your old bond ?"
THAT is impossible" replied Mr..
Kelly. "I gave this bond of $1,000. 900
when I entered upon the duties of the
office; it was approved by the proper
officers When | give this new bond
the state will still be protected by the
100000 surety company bond, even
| if Devlin's estate is not worth any
thing
What are you going to do about
the governors demand for additional
security on your old bond ~
+sNothing-there's nothing can do
Hoch Says He'll Act.
Asked what he would do in case
Treasurer Kelly refuses to give the new
| bond, Governor Hoch said: 'I shall do
my duty under the law
Does that mean he was asked,
that you will GUST Kelly from office
and appoint a successor?''
1.-The law is plain" said the governor.
Read that and you will find out what
intend to do
| Governor Hoch was asked what
course he would pursue in case Kelly
should fail to provide the additional
bond. He said.
kelly will have to give that addi-
| tiona1 bond; that is certain. AS to
what measures will be taken, / don't
| care TO say. But that additional bond
will be given.''
"wiil you call a special session OF