The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-13
{ Ounty Auditor demands 81. 500
Kelly & Kelly Commission,
Claims That 1t Was First Cred.
tied to the County.
APPEALS TO BOARD.
Asks That Immediate Action Be
Taken.
Calls Attention to Fact That He
Had Not Allowed Claim.

Jas. E. Larimer, county auditor. has
found the Bank of Topeka $500 short
in it's account with the county In his
report of the examination of the Shaw
nee county treasury submitted to the
board of commissioners today, the
auditor finds the bank short the
amount of the Kelly & Kelly commits
sion on the Missouri Pacific stock sale.
The entire amount of the sale price,
$4,000. by law should have been turned
into the county treasury by the bank.
This was done July IA and entered on
the pass book of the county as credited
from Kelly & Kelly. Afterwards tha
bank asked the treasurer for the pass
book. stating that they desired to mako a
correction altering the $4,000 to S2a6Oo
but the pass book was not returned
When on August 1 the treasurer Iefa
his book to be balanced at the bank an
erasure was made and the latter figures
set down without the knowledge or
consent of the treasurer and fnfaresf
has been paid upon that sum-
This commission, deducted from the
county account was disallowed by the
auditor upon advise OF the county at
torney and another opinion Of County
itself illegal
Auditor Larimer, in his report. rec
ommends Immediate action in regard
70 the matter and calls the attention Cd
the board to a previous recommended
ton overlooked by the board-that they
trv to locate the stock sold illegally
and regain possession of it, He saws:
NO warrant has ever been allowed by
the board of county commissioners OF
Shawnee county. Kan. as provided by
law, for the payment of this 81 800 N1
accounting has ever been properly made
to Shawnee county for the $40 900
and there is shortage of $500 OF
the funds belonging to Shawnee coun-
ty, Kan, for which 1 here call your
and invite your consideration
The law provides how the monies be-
longing to the county, from whatever
source derived shall be kept and to
whom credited; and the law also pro-
vioes exactly how the monies of the
county can be expended and by whom
Q arthorized; also. how claimants shall
file their claims. ften1ized and verified,
and how such claims can and shall
be paid. No legal credit OF the $50, 900
has been given 20 the county treasurer
D. Shawnee county; no legal allowance
Of the $500 claim of Kelly & Kelly has
been made by the board of county
of Shawnee county, al
.hough claim has been filed by Kelly
z Kelly for the $500. and said claim
Cisallowed' by ne on August 2, 1909, at
he regular meeting of the board of
county commissioners for the auditing
zee county, Kan, as is provided bY
aw.
"I, therefore, recommend that some
Immediate action be taken by your
honorable board of county commissions
,rs for the recovery of the property
belonging to Shawnee county, Kansas.
md further that some immediate ac-
son be taken by the board looking to-
he shortage of the $500 which has
)een wrongfully diverted and illegally
,aid out by the Bank Of Topeka, as
LgentS for Shawnee county, or wrong
ully and illegally kept, retained and
appropriated by Messrs. Kelly & Kelly
md which has not been properly credi-
ed to the account of the county treas
irer of Shawnee county. Kan, as pro-
-ided by law.
This suggestion was made by me to
our honorable board at your regular
Meeting on Monday. July rs, 1909, and
afterwards and on July q, 1903, wrots
he Hon. z. l. O'Neil, county comrnAs-
ioner, as follows:
Topeka, Kan, July 81, 1903
Mr.. E. L. O'Neil. County Commits
sioner. Shawnee County. Topeka,
Dear Sir: Pursuant to my sugges-
ion to you and Mr.. Sinner. another
commissioner, at your yesterday
morning meeting 1 wish to again
tate that if your board deem it ad-
7isable it would be proper and right
or the board to notify the secretary
If the railroad not to transfer the
share of stock issued to Shawnee
county, the $4,000 amount, upon its
books. This would bring direct no
ice to the railroad company and at
he same time protect the county in
is rights, if it desires to again assume
ownership Of the stock. would
ak with the county attorney. If
we're a member of the board.
Yours truly,
JAMES e. LARIMER,
County Auditor.
Commissioner Ed O'Neil said today:
We are going to take this matter OF
he $500 shortage up with the Bank
f Topeka yet this evening If possible
nd will have Kelly & Kelly on hand
.lso if possible. The treasurer's
looks show the shortage and 1t lies
With the Bank of Topeka so 1t Is their
uty to make the amount good.
hats all there is about it,
As regards the sale of itself and the
resent ownership the commissioners
eefn to be unable to decide what to
O unless "let 1t alone" The initiative
les in the board in the matter-and
begins to be suspected that 1t VIII
ontfnue to "lie" there.
And Still It's Hot.
There is no change in the forecast.
ihich is generally fair" as it has