The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-28
HOcH.s opPoRTTTNTTY.


| political destinies-
While the State Journal cannot be-
leve Governor Hoch has done his full
duty in his statement concerning the
treasury muddle. it is so DESTROYS of
commencing him whenever possible
that it wishes to approve his action
1 in ordering Attorney General Coleman
to bring suits to recover to the state
the money that has been stolen from
the treasury.
1t is difficult. however, to see how
the governor could do less. 1t is also
| difficult, in view of his admissions to
see how he avoids instructing Mr..
Coleman to begin criminal prosecu-
tions. The governor says, "That
/ wrong has been committed and that
someone is guilty of committing
! those wrongs seems apparent" This
being true, how can the governor con-
sistently do other than give the at
4 tOrney general positive orders to dis
/ cover and prosecute the guilty, or
whoever there is any evidence
! against?
Governor Hoch asks the question,
but with all the evidence gathered
by the accountant, who can point out
the one on whom guilt rests and say,
This one is guilty ?''
That's easy. Accountant Morris
not only traced the Garden City money
directly into KeIIy's hands. but he said
the endorsements were in Kelly's
handwriting. Furthermore. Mr.. Nor
ris reports that Kelly loaned money
to friends out of the treasury, and he
points out the very section that Kelly
violated in SO doing. The Comanche
embezzlement is also covered in the
report. Is that not evidence enough
to begin prosecution on?
Governor Hoch, however, carefully
avoids saying that he has not sufficient
evidence to warrant prosecution, but
only that the evidence placed before
him would not alone justify a jury in
finding a verdict of guilty. Suppose
this is so. Does a prosecuting officer
defer making any arrests for a robbery
or murder until he has the complete
evidence of all the Witnesses before
him? OF course not. When circum-
stances point to the guilt of some one
not one-half as strongly as they point
towards Kelly in this case, the suspect
would be promptly prosecuted.
Governor Hoch says the law has
been violated, but he will not give in
structions to have the offenders prose-
euted- Why then does he try to GUST
Mayor Rose of Kansas City. Mayor
Rose does not even admit that he
knows the law is violated.
Governor Hoch has apparently turn
ed himself into a court, has filed a
demurrer to the evidence before the
state has been allowed to make case
, and has sustained the demurrer. The
r governor also acts as the jury and says
the evidence before him is not sufficient
to warrant a conviction.
What would Governor Hoch do if a
! county attorney were as backward
! about prosecuting jointists as he is
about prosecuting Kelly? He would
appoint some one to take the county
e attorneys place.
Without the aid of the accountant
the governor also knows Kelly VIC
lated the law in. keeping on deposit the
. states money to the extent of half a
million in his friends bank that
4 Treasurer Kelly deposited state money
in Wichita, Hutchinson and Kansas
o City banks contrary to law and that
' he misappropriated 1000 covering his
: bond.
q Let the courts investigate and take
a action on all these matters and let the
- governor so instruct his attorney gen
. eral specifically and item by item
q The people will not be satisfied by less
s Let the governor do his whole duty
n not part of it.
V The governor can make amends BY
plain concise instructions to the attor-
r. ney general to the effect that shortages
j. exist, laws have bean violated, tht
. states trust shamelessly betrayed ant
e prompt and vigorous action, to recover
e the amounts and fix the criminality
n shall be brought against ex-Treasure
i Grimes and State Treasurer Kelly, thu
responsible officers under whom tn
,e shortages and violations occurred.
?. Concerning Kelly's resignation in es
l. crow, Governor Hoch says he ha
re reached the conclusion that there i
=. nothing in the report that would justif.
l. an acceptance of the resignation"
d Now listen to the terms of that resig
Is nation:
re 1.-The condition of the escrow is tina
st if my accounts be found to be short 0
o- my administration OF the Office of treas
of urer dishonest in any respect, the resig
nation shall be accepted. If by thes
ID accountants or judicial determinatio
10 be acquitted of the charges, the resig
at nation is to be returned to me-"
IN By these charges" Kelly referred t
IN the charges in the Rowett report. TIL
-, Morris report not only confirmed tn
- Rowett report. but it went further. ]
convicts Kelly of the Garden City mat
,, ter. the Comanche embezzlement, an
loaning state money to friends, to sa
ly T. roI-er3or E4ac, fI,s+ieed -, ~
accepting Kelly's resignation?
1t, Still, the State Journal heartily con-
Id mends the governors action in order
It, ing the attorney general to bring civ
ay suits against Kelly and Grimes-as IA
Of as that goes. These Instructions to til