The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-04-14
AT STATE HOUSE
Judge McCabe Moore Sues for
Allowance of 5000.
Claims 1t Is Due Him for Super
yising Jury Lists.
NATION USED THE Az
State Auditor Refused to APPS
prove the Claim.
Insurance Commissioner Barne-
Makes a Ruling.

Makes ruling.
]. McCabe Moore, former district
Judge of Wyandotte county, has filed
mandamus proceedings in the SUI
preme court against Auditor ]. NJ. Ma
ton to compel him to audit claim OF
5000 for services rendered. When
Moore was district judge the legisla-
ture passed law requiring him and
the common pleas and circuit judges
of that county to supervise the jury
list. The law allowed them $500 per
year as additional compensation for
this alleged work. The common
easy money without trouble, but the
auditor held up the district judges
extra pay because of the conStltu-
tional provision which provides that
the salary of district judge shall not
be increased or diminished during his
term. Judge Moore held that the ex-
ira compensation was not In law an
increase in salary, but MI Nation
took the ground that this was only an
excuse to evade the law and is stand
ing pat on the lid of the treasury
The writ was made returnable May l.
Both Governor Stubs and Repre-
sentative Robert Stone of this city had
only nice things to say today about
bea candidacy of r. j. Hopkins OF
nomination for lieutenant governor.
Speaking of the candidacy of William
Allen White, the Emporia editor, for
the place, Gov. Stubbs said: Before
he left for Europe White told Dolley
that they could run him for the Of
fee as long as he was in Europe and
there would be no one to enter plea
Of not guilty until he got back home.
Representatives Anthony and Camp
bell of the First and Third districts
of this state are slated for junket to
the Panama canal zone. They go to
seek information as to conditions
there and the progress of the work
on the canal. President Taft has
placed his o. K. on the trip. Kansas,
in the meantime, will wait impatiently
for the coming series of lectures on
how the big ditch was dug and why.
Wyandotte county politicians are
interested just now in the coming ap-
pointment of a judge for the second
division of the district court of that
county by Gov. Stubs. 1t is expected
that the governor will make a selec-
ton this week. The new court was
created at the last session of the
legislature to take the place of the
circuit court which was displaced last
fall by a decision of the supreme
court Among the candidates for the
appointment are Col L. G. True,
Frank D. Hutchings, Samuel Miller,
w. H.McCamish and w. M. Whitelaw.
The Wyandotte Bar association re-
Gently endorsed Hutchings for the
place but the politicians are firm in
their belief that Col. True, will land
the appointment True has the sup
port of the old soldiers from all parts
of Kansas and it is believed that Gov
III xr-i1l in
old soldiers preference rule.
Insurance Commissioner Charles w.
Barnes, in accordance with an opinion
recently handed down by the attorney
general, has permitted the Illinois Life
Insurance company of Chicago to
switch securities behind the insurance
policies issued by the old Kansas Mu-
tual Life Insurance company. Under
the law under which the Kansas Mu.
tual operated it was necessary for it to
deposit bonds representing a certain
per cent of it's reserve as protection
for a certain class of it's policies. When
the Kansas Mutual was eaten up in the
courts and finally purchased by the
Illinois Life company its debts and con-
tracts followed it as a matter of course.
The insurance superintendent insisted
on the state still holding the reserve
fund to back up the old policies of the
Kansas Mutual.
Inc SECURITIES dSBISSdlcQ over nan
a million and they were mostly mort
cages on Kansas farms. In order to
relieve the company of its burden of
double taxation superintendent Barnes
agreed to let the company replace the
mortgages with nontaxable securities,
providing the attorney general decided
that the department had authority to
permit the switch to be made. Mr..
Barnes put the matter up to the at
torney general in a formal official COM
TO- rff -
replied officially that the law permitted
such transaction.
Whereupon the insurance superin-
tendent let the Illinois Life draw down
its Kansas farm mortgages and in
the big national banks of Chicago. The
securities now consist of 800 shares of
the Fort Dearborn National bank 1850
shares of the Bankers National bank
and 700 shares of the Prairie National
bank. all of Chicago.
Before the switch was allowed the
insurance superintendent sent Clyde
Miller, a banker of Usage City, to Chi
cago to investigate the three banks
Mr.. Miller filed a lengthy report, show
ing that the stocks were worth in the
aggregate $554.45 or a trifle more than
necessary to replace the Kansas mort
cages.
II am satisfied that the security is
ample" said Superintendent Barnes to-
day. "Al the leading financiers of Chi
cago say the bank stocks are fine pro-
perty."
-nAlEU FR AAIR RNF AAus