The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-08-07
IT WAS ILLEGAL
County Attorneys Opinion on
Missouri Pacific Bond Sale.
Commissioners Made Fad Bar
gain and County Suffered.
REGARD 1T AS TRIVIAL
Members of Board Only Smile
When Asked for Expression.
People Are the Ones Who Hold
the Sack.

County Attorney ]. J. Schenck ha;
| handed his opinion to the board %
| county commissioners, unasked, stating
| that the sale of Missouri Pacific stock
was illegal. This came as a shock
near the close of the session last even
| ing. Together with the former opin-
| ion from the county attorney stating
that the claim of Kelly & Kelly for
! $500 was invalid this is calculated to
| bring the commissioners to some ac-
| ton in the matter. AS yet, however, it
| has been considered lightly by the
board and has not served to call from
them any announcement of procedure.
| The commissioners are in an embar-
RAISING position. The most charitable
view of their action it that they nave
shown a shocking disregard OF the
county's interest.
1t has been the understanding that
County Attorney Schenck advised only
when requested to do so. But that IN
Outstanding was shaken somewhat
ers felt the shock of a Weighty opln-
ion of some ten pages dropped onto
their Missouri Pacific stock sale
Mr.. Schenck was out of town at me
time He had gone to Hutchinson
with Deputy Sheriff Sauls to escort
pair of prisoners and look over the in
stitution and his stenOgrapher hflG
finished it just in time to SEND II 70 ire
for the day. Although the oplnien
seems to have a great deal of slgnitl-
canoe. still the commissioners sml-ed
when they read it. The people are not
smiling.
Il fail to see anything to smile ct in
that" is the way the county attorney
received the news of his opinions re
ception by the commissioners Wheh
seen today-and he was very serious
He ought to be- For have not the same
commissioners figured that $4,000 in
on their general revenue IN addlhg u
their credits when making a tax lew
for the ensuing year and didn't -hey
place 81, 500. on the opposite side or the
page. the Kelly & Kelly commission, 10
make the sheet show the actuai
amount. $22, 500. which they received.
The first opinion of the county at
tornev was to the effect that the claim
of Kelly & Kelly was invalid and the
calm was disallowed by the county
auditor Still the commissioners nave
ri OoresEed with their business of spefS1-
ing the money just as if there We're no
ATTORNEYS and auditors and Kelly q
KeIiv nave purchased an apartment
house at the corner of EleVentn anu
Benton boulevard iE Kansas lily
Now the attorney gives his OPINION
that the sale itself was Illegal ana sun
the commissioners smile saElnG'
sThere's nothing to DE done Inns
opinion is based largely upon Ihe Sc, Sc
end section of chapter 124 of the laws
OF 1875 under which the sale was maze
This section reads: IF the stock of the
county is sold for cash. the proceeds
of such sale shall be paid into the
COUNT treasury. and the treasurer's re
CENT for it shall be filed by the pur-
chaser with the county clerk 10000
The cash proceeds of the sale, $3O,OOo
v ere not paid into the county, ana
The purchaser is unknown to the clerk
Tr.tead 81" 200 was placed to the credlt
Of the county and the name OIL inc
agent of the purchaser made publlc
but no purchaser has -peen arouHu Aoi
his receipt to show the clerk
These are some of the reasons Why
Mr. Schenck can not see the joke of 1t
all nor understand the attitude OF the
board with reference to the public Whlch
similar to that assumed by a certain
Mr.. Vanderbilt years ago.
Asked for MS opinion upon the best
wav for the commissioners to go about
stra :ghtenirg out the affair, Mr. .Schenck
again relar sed into his twait-untiI-the-
enthusiastically demeanor The tan
zIe of affairs in relation to the stock
will apparently be a subject to try the
Intelligence OF many lawyers when they
come to devise method of retaining
them.
The deal has a bad appearance from
any tangent The county cOmmission |
rs might have sold the bonds with |
Tut the intervention of a broker and |
e CiVed $50 a share On the other hand |
he brokers must have made a poor |
bargain tEemrelvcs to haXe sold the |
stock for $40 when they might have
lad SEQ. The County's interests suf- |
cred AMI the commissioners must |
shoulder the blame.