The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-14
But the School Board Has Turn
ed Over New Leaf.
Never Again Will Member Get a
Fat Contract.
THE LAST QUARREL.
Members Deliver Their Opinions
of Each Other.
Mrs. Evans Changed Her Vote
for the Third Time.

Although the payment of the bills
which were incurred as a result of the
Spencer & Keesee lawsuit, which was
instigated for the purpose of COMPEL
ing S. A. Swendson, president of the
school board, to sign a warrant for the
payment of an estimate on the Van
Buren, school building, was considered
Illegal by the regular members of the
board, they were ordered settled Sat
urday night by a six to five vote.
Mrs. c. J. Evans turned the trick. At
the October meeting of the board she
voted with the regulars in favor Of
paying the Spencer & Keesee, Gillette
& Nicholson, and NJ. Council bills, at
which time the vote stood six to five.
At the special meeting of the board
held at 5 O'Clock October u, when there
we're but seven members present, Mrs.
Evans voted with the insurgents to
employ legal advice in connection with
the defense of the Spencer & Keesee
case. Last Monday at the regular No
vember meeting, she voted with the
regulars, and Saturday night she again
flopped over to the insurgent way of
voting.
Why Mrs. Evans FYopped.
Mrs. Evans: II have changed my
vote several times, but this time think
I have right on my side It would ap-
pear that the board has controversy
on it's hands that will never be settled
unless it is wiped out tonight. I think
the payment of the $12950 is getting
out Of the tangle very cheaply"
A motion to award all bills as read
by A V. Lindeu, chairman of the
finance committee was seconded, but
Judge Carver amended it with the
stipulation that the DOster and other
bills incurred by President Swendson
be omitted.
Judge Carver: There are two good
reasons why I think this account
should not be paid by the board. In
the first place, that opinion by Judge
Doster was not filed with the clerk of
the board as was stated by Mr. Swend-
son. Only letter press copy was
placed in his hands and such a copy
would not be accepted as evidence in
any court.
Then. too, it takes a good deal IF
gall on the part Of the president of the
board to ask us to pay his bill for legal
advice which was for his own personal
use Judge DOster's opinion plainly
states that thought the contracts with
Spencer & Keesee and the firm of Gil
lette & Nicholson were Illegal. the
board had received the benefit of the
material and were liable for the
amount if 1t were lust and reasonable"
This was the first time that Judge
Carver had amttted the illegalty #
the bills, and c. K. Holiday took the
occasion to land a hot shot
A Thrust for Carver.
Holiday: You admit, judge, that
these contracts arc illegal, and here for
years you have been voting in favor of
contracts of this kind" The Judge did
not reply to this thrust.
Carver: Now no claim has been
made that these claims are not Just and
reasonable, and the members of the
board who have been opposing their
payment have been doing so under the
claim that the bills were not legal.
They were made by the former board
hn tod
to award the contracts. His statements
in one of the daily papers slurring GER
tain members for their action and ex-
planning the Doster decision were made
in cold blood. He deliberately tried to
misrepresent the facts. and any one
who thinks otherwise needs only to
read what Mr.. Swendson said and then
read the decision.
THE board has done all it can to
pay all its just bills. Its president has
taken the law in his hands and attempt
ed to use the veto power which he does
not possess. If he has incurred any ex-
pense in maintaining his position he
should be forced to pay it himself"
Swendson: 1.-The original copy of the
Doster opinion was filed with Judge
Dana. 1t was needed there and will be
turned over to the clerk of the board
later. You say that the board did not
need the opinion. Now here you are
using it yourself. My statement in the
paper was not misleading, nor was it
intended to be so. 1t was only a state
ment of the facts as they are"
Kutz: II am willing to clean every
thing up tonight"
Carver: 'T cast my vote on the
grounds that these claims are unlaw-
full"
DR.. Magee: I'VE have got some good
legal advice, and there will not be a
recurrence of the difficulty
The amendment was lost by narrow
margin. Then the original motion
which called for the payment of all
bills, including the bills for legal ad-
vice incurred by Mr.. Swendson came
up for consideration, and it carried by
six to five vote as before stated
Those voting in favor of the motion