The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-06
Governor Hoch Will Require
One of $75O,OOO.
To Be Given Two Weeks in
Which to File 1t.
TAKE PLACE OF DEVLIN
Also Wants Treasurer Kelly to
Furnish $500, 900 More.
Auditor Wells Refuses to Come
to Topeka for Conference.

Governor Hoch will probably fix the
new bond Of State Treasurer Kelly, re-
quired by the state depository law, at
$3.50, 900, and will give him two weeks in
which to file the bond.
This action may be taken at any
| time, probably without waiting for a
meeting of the executive council. It is
a matter which the law places wholly
in the hands of the governor, and as
State Auditor Seth Wells declines to
| come to Topeka at present, it is impos-
sible to get together a quorum of the
| executive council to talk the situation
| over with the governor.
! Governor Hoch also insists. that Treas
urer Kelly must secure $500,0 600 addition
al security for his old bond, to replace
the half million rendered worthless by
the Devlin crash.
| If Governor Hoch stands by this de-
termination to require $1,250, 900 addi-
bic that Kelly will be unable to comply
with the demand, and That he will be
removed by the governor. Or perhaps
| the governor will accept Mr.. Kelly's
| resignation which he holds lin escrow"
| Governor Hoch said today: Il have
not yet fully determined how much bond
| l shall ask Mr.. Kelly to give under the
new law; that is, have not notified
Mr.. Kelly in writing as the law requires.
| shall give him a reasonable time to
! give this bond; possibly couple of
| weeks. l have also asked Mr.. Coleman
to look up carefully the condition of the
different bonds which were given by the
| First National bank, and see whether
| the state has any protection from
| them.'
! good the old bond ?''
Il certainly SHALL" said the governor.
! II don't know what the law is in the
matter but 1 don't believe there is
court in the land that would say that
when an official bond is reduced in
value by death. failure or any other rea-
son, the state can not demand addition
ad protection to replace this"
HAS the attorney general given any
| opinion concerning the validity of the
| old bond in case a new one is given ~
mo, but 1 have no doubt that the
| old bond will hold ALI right The de-
| pository law says the state treasurer
| shall give another bond l take that
| to mean an additional bond"
Hoeh Hunts Loop Hole.
"Why was not the treasurer re-
quired to give this additional bond
within 20 days after the taking effect
of the depository act, as required? =
was asked. The depository act took
effect on publication March 18. This
would have given the governor until
April 8 to require the new bond.
We'll: there is a double barreled
provision in the new law; it says
within~ 20 days after taking effect of
the act and before any notice shall
have been given for receiving pro-
posals- I suppose the man who drew
up the law did not know when ii
would take effect, and assuming that 1t
would be on publication in the statute
book, put in 20 days. The object
was, as I take it. to have the bond
fixed before the new repositories are
meeting for the purpose of drawing up
the advertisement for bids for de-
positories, but have not yet given the
| notice for publication in the official
| given, the amount of bond will be
fixed. This is all that the law really
means
This is what the law says: within
20 days from the taking effect OF this
act, and before any notice shall have
been given proposals, or any other
steps taken hereunder, the state treas
urer shall give another bond, with
| good and sufficient sureties in an
amount to be fixed in writing by the
| governor
1t seems very plain under this law
that the governor should have fixed
| the amount of Kelly's bond prior tc
April 8, so that he must bear part
of the responsibility for his careless
ness, as well as for his neglect to
make the treasury examinations as
provided by law.
Governor Hoch had a long consulta-
ton with Attorney General Coleman
this morning. 1t is supposed that they
were consulting about the form o1
bond to be drawn up. The law says
the form of bond shall be prepared by
the attorney general
| There seems to be no disposition or
the part of the executive council to
come to the governors assistance in
the solution of the problems which
) now confront him. State Auditor Seth
Wells did not come to Topeka yester-
day in response to the governors
urgent request, nor is he expected to-
day. No official notice has been giveT
of a meeting of the executive council
Auditor Wells takes the position that
the present affair is something III
which the governor has sole authority
and that the effort to have meeting
of the executive council is. merely ar
attempt to shift responsibility.
Governor Hoch says: ct can't under
stand Wells action. This is surely one
of the most important affairs of state
which has come up during the presen
administration
Assistant Auditor James Nation says
today: by transferring to the genera
revenue fund all the other none,
which can go into that fund, have es
tinlated that the state has about SIPS, 00
which can be used for the payment O
current expenses. I will take up ant
sign the state warrants up to thil
amount We can't go over that withou
drawing on the state school fund"
Temperatures in Large Cities.
) Chicago, July 6.-7 a. m. temper
Philadelphia, 72; Washington, IA
. | Chica oo 6R. Mir0e7poIis 62- Cincin,