The Topeka state journal., 1909-03-23
NATION TAKES HAND.
Gives Treasurer Tu1ley Advice in
Dawson Controversy.

In an interview today State Treasurer
Mark TuIley made the following state
ment of how he tried to follow the ad-
vice or legal instructions" of John
Dawson and what came of it:
I'm our controversy over Governor
Stubbs vetoing the bill to reimburse
the permanent school fund. Mr.. John S.
Dawson says the facts are against me
and that 1 had to rely upon the law for
my defense. 1t seems when l attempt
to follow the facts as laid down by John,
1 meet with obstacles. Only yesterday
I tried to follow his advice by sending
this statement over to the auditor of
state:
March %. 1909.
Hon James NJ. Nation, Auditor of
. State, Topeka, Kansas.
Dear Sir:-AS per statement of Hon.
John S. Dawson, private secretary to
Governor Stubbs. in the Topeka Capital
of March 20, 1 have this day charged
off of the permanent school fund $121,-
$50 and of the annual school fund $64,-
622.11. You will please give me credit
for the same and make the proper en-
tries upon your books.
"'Very truly yours,
MARK TULLEY,
State Treasurer
1.-The above amount includes the loss
to the fund in the city of Lawrence suit.
The bill vetoed by the governor did not
include the Lawrence bonds and cou-
pons.
ITO the above request I received the
following reply:
March %, 1909.
:" Hon. Mark Tulley. Treasurer of
State, State House.
"Dear Sir:-I have your letter of to-
day, in which you state that you have
fund s121,75o and off of the annual
school fund s64, ,622.11. and asking me to
give you credit for the same.
'E I regret to say that 1 cannot give
Judgment neither you nor any other
official has any authority to charge off
any amount from the balance of these
funds, unless such amount has been
credited through error.
II call your attention to the position
have taken heretofore on certain mat
ters in reference to these funds, and
which now state again as follows:
:" First. Neither the auditor or the
treasurer has any authority to take any
action in relation to the school funds,
except under the direction of the state
school fund commissioners.
The treasurer's only duty is to act
as custodian of the money and bonds
placed to the credit of these funds
1.-The auditors only duty is to keep
the accounts of these funds and the ac-
count with the state treasurer in re-
lation to them.
sFYou as treasurer are not expected
to know and it is not your concern
whether any bonds purchased by the
school fund commission. and in your
custody to the credit of the school fund,
are worthless or not. The only method
by which bonds once placed to the cred
it of the school fund can be taken out
of that fund is for them to be paid. The
legislature, even, has no authority to
authorize any bonds held by these
funds to be charged off, unless they
make an appropriation to pay them.
I'm support of this contention I call
your attention to paragraph of Art
6, of the state constitution, which pro-
vides that this fund shall be a perpet-
ual fund which shall not be diminish
ed but shall be inviolably appropri-
ated to the support of common schools;
also, to paragraph of the same article
which reads as follows:
- THE state superintendent of pub
lie instruction. secretary of state ana
attorney general shall constitute board
of commissioners for the management
and investment of the school funds. Any
two of said commissioners shall be
quorum"
"'Second. The state school fund COM
mission under authority of paragraph
9, Art 6, of the state constitution, just
quoted, has no authority in connection
with the state school fund. except to in
vest the same. Yours truly,
JAMES N. NATION,
Auditor of State.''.
Commenting on the above Mr.. TuIley
said:
Il will now check the matter up to
John by asking him this question: Shall
the auditor be mandamused?"