The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-24
heels in books in the law library at the

heels in books in the law library at the
state house.
The talk about the proposed special
! session of the legislature hinges on the
| depository law enacted by the last ses-
sion of the legislature. A statute was
passed providing that on September i
| a law was to go into effect that on
that date the money in a number of
state funds should be loaned out to ten
| banks in the state, these to be deter
| mined by the bids of interest which
| they offered. One month previous, on
| August l or 2, bids should be adver-
| tised for. The proposition is that if
| Kelly does not give this bond by Au-
gust /, then the advertisement cannot
| be made, and as a consequence the law
would be invahdated and a special Ses-
| sion of the legislature would have to
be called to re-enact the law. It is not
for the purpose of impeachment that
| the session would be called, as some
| of the gossip has it. But If the extra
session were held, the action of the
lawmakers would not stop at mere re-
enactment of the depository law.
Kelly Calls Hoch Deserter.
Treasurer T. T. Kelly was in Kansas
City Sunday and gave the following in
terview to the Journal:
''If anyone is trying to arrange a
compromise for me, know nothing of
| it. [ am seeking no compromise; I
! have nothing to compromise; [ know
! my I1S1IS. ana L Ln1Ilk L nave SUI
| ficient courage to contend for those
rights. / expect no favors from Gov
ernor Hoch or the executive council.
I do not need their favors.
Governor -Hoch has turned down
every friend who worked for his nomi-
nation. He has turned traitor to his
friends. He has tried to make peace
with his enemies at the expense of the
men who made him governor.
''If he had been a general in the
! Jay nf
for governor, and had battered down
the enemy's breastworks and taken
possession of the fort, he would have
surrendered to the enemy and would
have been court martialed for desert
ing his army He would have been
shot as a traitor, had he been a gen
eral in the regular army and carried
on the same tactics he used as gov
ernor.
"All his talk of calling together the
legislature to impeach me is amusing.
1t is ridiculous. 1t makes me laugh .
The state treasurer confirmed the
report from Topeka that efforts had
been made by the other side to stop
the fight This report was that, if
Kelly would allow the governor or ex-
ecutive council to name his first as
sistant. the opposition would be with
drawn.
"A friend of Governor Hoch came
to me-" he said land told me if I
would allow my enemies to name my
first assistant the fight would be with
drawn, but I told told him so long as
was state treasurer of Kansas I
would never let any interests or indf-
vfduals dictate to me in my appoint
ments.''
Mr.. Kelly, it has been rumored
that you might resign. Is there any
truth in the report?'
Absolutely none" was the reply,
1T would take more than bluffs to get
me out OF that office. 1 know I have
done no wrong in the eyes of the law,
and I am going to stick there
But what if the council should ap-
prove the bond offered by Sam Moore
and turn down your bond?"
y We'll, in that case, I would still be
state treasurer and they would have to
the old law and my bond holds good.
II any such trick as that were tried,
would fight back until I dropped dead
in my tracks before 1 would give up.
L would have the law with me.
II was elected, qualified, gave bond
and it was approved under the consti-
tuition of Kansas and a law that ex-
listed at the time of my election. After
L was elected and during the session
of the last legislature the state de-
pository law was passed for the de-
posting of state funds. This was pub
| lished and went into effect March IS,
last One of its provisions was that
within twenty days after its taking
|
new bond. 1t further provided that
the governor should notify the treasur-
er in writing the amount of bond he
should be required to give. The treas
urer could not give bond within twen-
ty days after its taking effect, because
of the arbitrary power given the gov
ernor to fix the amount of the bond.
L did not receive notice from the
governor to give the new bond until
July 6, and then Governor Hoch noti-
fed me to give a bond of $75O,O0O. ]
received this notice three months and
eighteen days before should have re-
| ceived it, if the law had been fully
complied with by the governor. This
notice was given me three days after
the failure of the First National bank
| of Topeka. and I was to have fourteen
days in which to file the new bond
Had it not been for the failure of the
First National, I do not know that
| would ever have been notified to give
a new bond under the new depository
law.
''Under all rules of common decenc.
and under compliance of the law itself
am entitled to at least twenty day.
after the notice in which to give a new
bond. So that under any construction
that may be placed on the new law, il
I file my bond before midnight, Au
gust I will have complied with it
provisions.
1.-THE First National bank was regu
larly chosen as a collecting agency O
the state. Its selection was confirmed
by the executive council and its bono
approved by that body. Every deposi
placed in that bank for collection wa
state books. I have violated no law
neither have I failed to perform m.
duties under the law"
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