The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-02
IS 2OPERCT. TOO MUCH.
Soldiers object to Size OF s1r. Nichol-
sons Fee.


John c. Nicholson, OF Newton, ap-
pointed state claim agent by Governor
w J. Bailey, may not get the S. coo
which he claims out of the $4,000 which
he recently succeeded in collecting from
the government as back pay for kan
sas soldiers who served in the Spanish
and Filipino wars.
Governor sHoch has received through
Adjutant General J. w. T. Hughes some
complaints against the payment of the
money to Nicholson, on the ground that
the contract entered into between Nick
olson and Governor Bailey Was illegal.
and the 20 per cent Of all money col
lected, which was under the contract 70
be Nicholsou's fee, is excessive.
The question has been checked up to
Attorney General Coleman by Governor
Hoch, and the governor viii await his
opinion before making any decision IN
the matter.
This morning Governor Hoch had
long conference with Mr.. Nicholson and
Judge s. r. Peters, the latter being Mr.
NichoIson's law partner at Newton. Mr.
Nicholson and Judge Peters claim that
the governor, acting in the capacity OF
trustee, has full authority under the
contract to deduct 20 per cent from the
amount due each soldier, for the benefit
OF the attorney
Governor Hoch said this morning;
1.-THE situation in this case is peculiar.
The state, as a state. has nothing what
ever 10 10 Will L41G lldLlEAe AzOF x 44--
Bailey made a contract with Mr.. Mich
olson, but the question is now raised
as to whether or not Governor Bailey
had the right to contract on behalf eff
the 5000 soldiers who are interested IN
1.-THE claim. The appropriation made By
the government specifies that the gov
ernor shall act as trustee, or dlsburs-
ing officer for the fund, and 7 have the
twenty odd thousand dollars now in my
possession. The approprfa ton also car
RES the provision that the money shaal
not be placed in the state treasury, be-
cause money placed in the treasury can
not be Withdrawn without an act OF the
| legislature. AS custodian OF the fund.-
do not know whether have the right
to pay the 20 Per cent to Mr.. Nicholson,
as provided in the contract made BY
I Governor Bailey. I have asked the st-A
torney general for an opinion IN t1e
matter and shall be guided by what ne
says.
1.-The question as to whether or not
the contract made by Governor Bailey
! in behalf of 5000 Kansas soldiers Is
/ binding was raised by several Of the
soldiers, and they claim. as L under
much; that the money might have been
collected for a much smaller sum.
suppose that most of the soldiers WouiQ
be perfectly willing to have the q per
cent paid, and I have not heard thar
anyone was contemplating legal pro
ceedings to test the question The
/ amount which viii be placed 70 the
credit of each Of the Kansas solqiers
| viii be from so cents to $40 think
there are no claims for more tran gu
4 expect to go ahead and disburse
the so per cent of the fund over which
there is no question, and settle the
matter of the other 20 per cent later On
/ Then when it is settled, there VIII be
another distributing OF the fund. pro-
vised it IS decided that Mr. Nicholson Is
T not entitled to the full amount