The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-27
TURN ON THELICHT
Investigation of Hopkins Leach
McCray Begins.
mr.. Luiing Explains About In
surance Examinations.
HOW BILLS ARE PAID.
Insurance Companies Pay Money
to State.
Then examiners" Draw 1t Out
of Treasury.
HOW BILLS ARE PAID.

lie legislative cOmmlttee, appolHtSu
for the purpose of investigating Jess
Leach, former Kansas City Journal
correspondent; z. G. Hopkins, a local
news writer, and D. o. McCray, Chicago
Inter-Ocean correspondent, who were
| charged in the Davis concurrent resolu-
ton with having obtained money I'M
lawfully from the state treasury, met in
room 8, basement, last night, and held
a session of four hours.
The committee, consisting of Senators
c d. Martin, W. w. Caldwell and E. d.
Wilkerson, and Representativ es w. E.
Archer, Sigmund Lehman, S. G. West
cot, w. H. Martin and J. M. Davis,
convened about o'clock with Senator
| Caldwell in the chair. Representative
Davis, author of the resolution, opened
the session by making statement of
his motives in drawing up and introduce
| ing the resolution, particularly to that
| part of the resolution referring to the
'wasteful expenditures charged
against state officers in the purchase of
! office supplies. He said that since
| drawing the complaint Stone of Shaw
nee had introduced bill placing all
| state property in charge of the custod-
ian of the state house. and requiring
| that it be branded with the state brand.
This bill, he said. would adjust that
| feature called up by the resolution, and
he did not thing it necessary to proceed
! further upon that subject.
The case of Hopkins, Leach and Nc
| Cray, charged with receiving money
! from the state for making insurance
| examinations was then taken up, and
ChaS. Iuling, former superintendent of
| insurance, was called to testify. Luling
| admitted the information in every in
| stance, stating that he had employed
| the men named on several occasions to
make examinations of insurance COM
panies, and submitted two sections of
| the session laws of 1901 as his authority
| for so doing.
| At this juncture Representative Leh-
man rose and stated that he did not
think Representative Davis could be
| called an impartial judge. as he had adj
mitted in his opening statement that he
| had been abused by friends of the de-
PENDANTS in the case.
Il think it was a mistake on the part
of Speaker Simmons" continued Leh-
man, ito place Mr.. Davis on this COM
mittee. I think he would make a good
witness or prosecutor, perhaps, but as
he has made charges and it is to his in
terest to substantiate them, L do not
feel that he is competent to sit as
judge
Mr. Davis jumped up and answered:
IF that is the feeling entertained by
this commission. 1 here and now offer
my resignation
Your offer is out of order" said
Chairman Caldwell I'VE could not ac-
cept your resignation if we wanted to
and we do not
The house is now in session and I
guess I can go up there and resign to
the speaker" answered Davis.
Davis, you sit down and let's get
started said Representative Archer,
the lawyer member of the committee,
who was acting as prosecutor for the
committee. eff you try to go UP there
and resign, 1 will go and protest your
resignation. You have a right to be
in this and insist that you take part
Davis, however, moved from behind
the committee de4k and took a seat
beside Attorney Carr Taylor. who had
been assigned to assist in the prosecu-
ton. Thereafter he virtually con-
Quoted the prosecution, suggesting
questions to the witnesses. After this
little tiff the testimony of G. H. Lu
ling was continued. Luling testified
that the three suspects had receiv
ed money for making Investigations of
insurance companies as charged. That
he had sent tn EN-, that they had in
each instance carried out the duties
assigned to them and then explained
that the costs of such investigations
were in no instance paid by the state
except as trustee. An itemized ac-
count of the inspectors expenses
were sent to the insurance company.
investigated. and the company was re-
quired by law to pay these expenses
to the state insurance commissioner,
who, in turn, paid the money into the
state treasury. The inspector was then
treasury for that specific amount.
Luling said that the discrepancy of
dates in the papers of one of the Leach
cases were the result of this rule. The
insurance company refused to pay the
expenses of the trip. and had to be
persuaded by the state. For this rea-
son the vouchers upon which Leach
drew the money for the trip were
dated over a year later than the al
legged date of the inspection. Nothing
was said about the charge that fare
was collected though passes were used.
Only two witnesses were heard dur
in~ the whole evening. They were
Luling and Mark Tully. present treas
urer, who was put on the stand out of
order, and his testimony taken as
bearing on the specific charges against
Hopkins, who is charged with receiv
ing about $1,400 as bond clerk and
assistant bond clerk in the treasurers
office during the last Kelly term. He
said that business was intermittent,
necessary than on other occasions.
Mr.. Tully was then excused as the
hour was growing late.
1t was nearly IL o'clock when the
defense asked to have Representative
Davis put on the stand. When the in
vestigation opened. ex-State Treasurer
T. t. Kelly asked permission to assist
in the defense. He assisted the three
newspaper men during the investiga-
ton by cross examining the witnesses.
He made the request that Representa- |
tive Davis be sworn and testify as to
his motives in introducing the reso- |
luton, which he claimed was in the |
nature of complaint, filed before a |
court
Leach, one of the suspects" under |
consideration, added to this by say |
ing: 1--WE defendants in this case will |
not have a hearing before the house |
of representatives when you make |
your report. If Mr.. Davis has any |
more testimony to offer, we desire to
have it introduced here and made |