The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-05
cOvrRVOR BATT.EY's ACTION.

Ex-Governor Willis j. Bailey mas re-
funded to the state $1,000 of the fund
appropriated by the legislature Of 1903
to maintain the executive residence OF
the governor. which the supreme court
decided was used unconstitutfonally- II
seems that this action has been pending
for some months while the state officers
have been figuring up just what the
amount should be.
It will doubtless be cOntended by some
of Governor Bailey's enemies that this
is on a par with Tom Kelly's paying
back money that he stole from Miami
county and from the state. There are
those who will refuse to see it other
wise. But there was this difference;
Governor Bailey used his maintenance
fund as he did only after being assured
by Attorney General Coleman that 1t
was right and proper to so use it, and
knowing that the legislature SO intend
ed. Tom Kelly's thefts In Miami coun-
ty involved deceit. forgeries and decep-
tions, while the $1,000 that he took from
the state treasury under the pretense of
paying for his bond was not only Illegal
but it was done under false pretenses.
Governor Bailey believed he was US
ing the fund entirely properly until the
supreme court uEClNEQ that 4to U.s. ~
pay the heavy personal expense incurred
by having to live in the executive resi-
dence was virtually an increase in his
salary and therefore unconstitutional.
1t is noticed. however, that the legis-
lature of 1905. in addition to paying Gov
ernor Hoch $4,000 a year salary instead
Of $4,000, which was received by Cover
nor Bailey, also made the same APP
los f0r- int mi
tive residence that the legislature of
1903 did, $1,000 a year, although it was
openly stated that this $4,000 a year for
paying the expense of living in the ex-
ecutive residence was in lieu of a raise
in salary which Governor Bailey could
not receive because of the constitutional
provision. 1t was chiefly on this fact
that the supreme court founded its de-
cision. It should be said for Governor
Hcch, however, that he is using this
maintenance fund only at the rate of
about 81 600 a year, and is not applying
it to his extra personal expenses, caused
by being compelled to live in the exec
utive residence.
There was considerable doubt as to
whether Governor Bailey was in any
way bound to refund this $1,000 to the
state. Never before has there ever been
a demand made that an official return
public moneys used as intended by the
legislature or as advised by the legal
authorities. For instance, when the
court of visitation was declared uncon-
stitutional a few years ago, its members
had drawn their salaries at the rate of
s., 500 a year. but there was no demand
that they refund the money to state.
Governor Bailey. however, seems to
have determined to discharge any posi-
BILE obligation that rested upon him.
1t is known that he came to Topeka
several months ago to consult about the
matter, but some of his friends advised
him that there was no moral obligation
resting upon him to refund the money,
but that it might be a good political
move. He said he cared nothing for any
political effect it might have, but he
simply desired to discharge any moral
obligation that the state might have
against him-he was assured that there
was no legal obligation involved. It
seems that he Immediately opened ne
gotiations to ascertain the amount of
the fund which could be charged to his
personal use. and he has now refunded
that to the state