The Topeka state journal., 1906-05-23

sued?"
'.Yes. sir
did you investigate the population of
4 don't remember 1 did not investi-
gate in detail"
In your experience you have found
large number of defaulted bonds in the
school fund, have you not2"
only one instance Of county bonds,
but a number of school district bonds"
These editorials which have been
read seem to charge GU with failure
to bring suit against state officers.
Have you ever begun such suits2
Yes, last summer after the First Ma
tional failure. against the treasurer and
bondsmen.''
knew of Unlawful Acts.
did you know that the treasurer had
issued checks on banks for state
funds?''
you knew it was contrary to law?''
Did you bring any action against
mo. I told him I thought it was an
unwise thing to do"
''And you knew it was unlawful to de-
posit state money in the banks?''
''I knew it was unwise"
you knew it was ernbezzlement?'
"Well. I thought it was a doubtful
procedure"
ceedings ?"
was the Rowett report transmitted
''Governor Bailey sent me the re-
port in three sections
did you take any legal steps?
81 talked to Governor Bailey, but
took no action in the courts"
WAS the report correct ~
s'I found it so where I Investigated.
did it show any unlawful ac-
tions?''
1T showed some actions during
KelIy's administration which were vio-
lation Of law"
you we're satisfied that these
transactions were in violation OF law %
you we were re supposed to enforce the
laws. were you not2''
''I was"
You had the evidence. did you
Il did not. The Rowett report
showed where to get the informa-
Did you try to get this informa-
ton ?"
Il did, and found that certain let
ters were in the possession of a New
York bank. They refused to let me
see them"
There was way to get them. was
there not? ?"
There might have been by a civil
action, but did not think it was pos
sible to bring a civil action"
Read Letters from Governor Bailey.
At this point w P. Hackney took
/ the witness and had him identify cer-
tain letters received by Mr.. Coleman
from Governor Bailsy. He read these
letters to the jury
Mr.. Waggener resumed his cross
examinations using the Bailey letters
as a basis.
Governor Bailey sent three letters
to General Coleman each letter ac-
ompanying a portion of the Rowett
report. The letter of October IL,
1904, says, in part.
Upon this showing made by the
state accountant and his assistants,
there is a serious and grave condition
existing in the accounts of the state
treasury, covering a period of nearly
six years, and calls for prompt and
vigorous action from those charged
with the enforcement of the law. You
are therefore hereby officially direct
/ ed and required to take charge of the
matters raised by the accountants re-
port and to represent the state in any
and all actions and in any and all
courts necessary to recover this mon ey
to the state treasury and to bring to
| justice those who are responsible for
the shortage Should you desire In
/ the prosecution of this case the
assistance of other counsel, if you will
notify me thereof I will see that it is
promptly furnished"
The letter of October 20 says in part:
You will notice that two Of the items
/ from Pratt county represent the cou-
! pOns that were sent to the fiscal agency
at the same time the Garden City cOu-
pons were sent. From the evidence at
hand it is apparent that Treasurer KEEL
| ly must have knowledge of who re-
ceived this money and I feel that It
I "a Ia
! tive department of the state, that Wig
orous measures be used to bring the
facts to light in order that justice may
be done'
On January 6. 1905, Governor Bailey
sent his last communication to General
Coleman in which he said:
''At the time Of submitting two for
mer reports, I urged upon you to begin
! without delay to recover to the state
i this money. Up to the time of writing
this letter, I have no information, off,
cial or otherwise, that you have taken
any steps in the matter whatever. This
/ is q matter of sincere regret to me and
| l believe also to the great majority Of
/ the people of Kansas, who look to
/ those whose duty 1t is to enforce the
/ law to protect the good name of our
state. You are familiar with many of
these items, as shown in Exhibit A.
/ Schedule 2 and have expressed to me
in personal conversation your opinion
that the money could be recovered to
the state
.'I wish to again urge upon you. and
in so far as I have authority to do so,
to instruct you to proceed without de-
lay to bring such action as is neces-
sary to recover to the state the money
that is due and to bring to justice
those who are responsible for the
shortages"
Criminal Action Barred.
why did you delay IA months in
beginning action against Mr.. Kelly?'
asked Mr.. Waggener.
THE difference between Governor
Bailey and myself was this" said Mr..
Coleman. He wanted me to bring suit
at once and wanted to wait until
the report was completed"
Have you not waited long enough
for the statute of limitations to run
against action?''
..No. Sir. I satisfied myself that the