The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-05
WHY. MIR. CoLENrAN2

The State Journal, along with a
large number of other Kansas tax
payers, is still curious to know why
Attorney General Coleman, who has
taken an oath to enforce the laws of
the state, does nothing whatever to-
wards Furnishing T. T. Kelly for en-
bezzling the funds of the state.
The attorney general alleges that
Kelly is a law-breaker, but he does
nothing whatever towards prosecut-
ing Kelly. Why is it?
The attorney general sues KeIly's
bondsmen to make good the $547,000
which the state is out by reason of
KelIy's depositing it in the First Ma
tional bank, and thereby indirectly
loaning it to c. J. Devlin, but Mr.. Cole
man carefully avoids making any
move against Kelly personally
In his suit against the bondsrnan
the attorney geenral says:
kelly has failed faithfully to per-
form his duties such state treasurer
of the state of Kansas and has failed
to pay over or account to this plain
tiff for the moneys which have come
into his hands by virtue of his office
in this:
Kelly. as such treasurer, has fail
ed and neglected to keep $547,575.06
of the moneys of the plaintiff in the
treasury of the state of Kansas, as by
law he was and is required to do.
kelly has placed $547,575.O6 of
said moneys in the First National
bank of Topeka and has unIawfully
allowed the sum there to remain when
it was his duty to keep the said
money in the treasury of the state of
Kansas.
kelly has failed and refuses to re-
store to the treasury of Kansas and
to pay over and account for to the
plaintiff the sum of 547,575.06, the
sum so unlawfully placed and left
and lost in the bank"
If these allegations are true-and it
is common knowledge that Kelly is
guilty of this and much more-Kelly
has plainly committed embezzlement
under the following statute, which
was passed to fit just such cases as
his:
I'm any state treas
urer shall convert to his own use, or
to the use of any other person or per-
sons, body corporate, association or
party whatsoever, in any way what
ever, or shall use, by way of invest
ment in any kind of security, stock,
loan, property, land or merchandise,
or in any other manner or form
whatever; or shall loan, with or with
out interest, to any company, corpor-
alton or individual, any portion of
the public money; OR SHALL DE-
POST WITH ANY COMPANY, COR
PORATION OR INDIVIDUAL, ANY
PORTION OF THE PUBLIC MON
Ely. or any other fund, property.
bonds, securities, assets or effects of
any kind, received or controlled by
him for safe keeping. transfer or dis
bursement, or in any other way or
manner, or for any other purpose; or
II any person shall advise, aid. or in
any manner participate in such act,
every person so offending shall be
deemed guilty of an embezZlement of
so much of said moneys or other
property as aforesaid as shall be thus
converted, used, invested, loaned, de-
posted or paid out as aforesaid"
And to make treasurers careful to
always have the money in their pos
session, the following statute was
passed, Immediately following the
foregoing:
evidence authorization the
trial of such treasurer for embezzling
public money, or of any person for
advising, aiding, or assisting in such
embezzlement, it shall be sufficient
evidence, for the purpose of showing
balance against such officer or per-
son, to produce transcript from the
books of the state auditor. The re-
fuSal of such treasurer to pay any
draft, order or warrant, which may
be drawn upon him by the proper
officer for any public money in his
hands, or to pay over to his successor
any public moneys or securities
promptly on the legal requirement of
an authorized officer of the state or
county, shall be taken, on the trial of
moneys or securities, as prima facie
evidence of such embezzlement."
Why don't you prosecute Kelly Mr..
Coleman?