The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-12
TO SIGN WARRANT
President Swendson of School
Board Will Take Action.
Spencer and Kessee Case Is Not
Going to Supreme Court.

AS far as the Spencer and Kessee
estimates are concerned it appears that
the school board squabble is at an end,
and that the case will not be taken to
the supreme court. President S. A.
Swendson of the board has signifled his
intention of signing the warrant in
question today. He gives the follow
ing explanation of his action:
SIN accordance with my statement,
published in the State Journal of Octo-
Der 10. declined to sign the Spencer
warrant, for the reasons given, which
included the following:
Tt was claimed to be VIOLA
ton of law for member of the school
board to be interested in an account
with the board, and that it was a vio-
lation of law for the board to issue
warrants in payment of such claims
.2.-It was claimed to be a violation
of statute, with penalty, fine and re-
moval from office, for board to issue
warrants against a fund already over
drawn, and in which deficit already
exists.
1.-THE contentious concerning the two
propositions, in some sense, became a
menace or club, held over the board,
and in an effort to remove such club,
menace or threat and talk, did not
resist, but rather courted suit by Mr..
( Spencer, in view of what appeared to
be a plain statute, the advice of the
attorney general giving safe advice
and procedure for the board, and also
in view of the opinion OF Judge Dos
ter, procured on advice OF members,
on approval of the board, and used by
the board, on this whole question,
which opinion OF Judge DoSter means
about as follows:
| 1.-THE, board has no right to con-
| tract with a member Interested directly
| or remotely.
| ''2-The board has no right to issue
warrants on such contract
c liza Bile SuC6
| contract, as a contract, for any OF the
provisions in the same, but may pay
outside of contract or account, an equ1-
table value of all material actually re-
! ceived and used by the board.
! "4HThe board may issue warrants
| against a fund overdrawn, and in
which deficit exists, provided such a
/ levy has been made, as will cover such
| issuance of warrants-the tax belng III
| the process of collection.
| 1.-THE board had passed resolutions as
| to noninterest of its members, in &C
counts with the board, and the Doster
| opinion sustained every contention as
| suned by the board, in the Holiday
resolutions, as to the provisions of such
| laws. l signified a Willingness TO &C
| cept a court decision and act accord
ingly and Mr.. Spencer filed suit, the
board in special session, called for the
| purpose. on account of the board 8
| adopted policy in this question assum-
ing all responsibility for defense OF sun
for costs of suit, and approved the ex-
pense of the Doster opinion.
THE suit came to hearing in the
district court. and Judge Dana sustain
ed the plea of Mr.. Spencer and directs
the signing of the Spencer warrant
which I shall probably do today, as
there does not seem to be any conclu-
sion on the part of the board, to ap-
event. that is no appeal being taken,
the board is under obligation to pay
all EXPENSES of the suit, at once, as
they have agreed to do in assuming
same. in defense of its policy, as de-
lclared in the Holiday resolutions adopt
ed.
This is district court determination
or decision, and 1 deem it wise to rest
this case here for the following rea-
sons:
IL have the highest regard for the
district court, for Judge Dana, and the
findings of the court in the Spencer
"2-The court holds that the Spencer
contract is GOOD and the board has a
right to and must keep its part, 1ssu-
ing warrants, the legality of which is
not interfered with by the interest anG
relation Of Mr.. Cuthbert, member OF
the board; and that the levy having
| been made for such building, the funo
being oYerdrawn, does not make 1t IN
lawful to ISSUE the Warrants d6alIl9'
ssThe board, thus as you will see, has
the support of the courts action and
direction, as to what we should do FUR
Their in the Spencer contract and whole
matter. At this time 1 am in favor OF
laccepting this solution of the Spencer
contract and warrant matter for the
further reason that this was a contract
inherited from the OLD. board; the
building is now about ha1f complete
7 have no fault to find with Mr. Spen-
Ger as to his construction. which Is
the best possible all the time so far as
I know or am able to find out. and
do not wish to make any hardship fol
him; and, finally, I do not wish to re-
tard the construction of this building
at Van Buren, and Sixteenth streets
for the people in that part of the city
have been patient and have waited
long time for it, and I wish them tC
have their fine new school mouse az
soon as it can possibly be completed.
I'm accepting this court decision as
final in the Spencer case, do not rec
ognize in such a blow to, reversal OF
a cancellation of the fixed policy OF the
board, but rather that there is ne
! statute specific enough to apply to the
conditions of the Spencer contract ant
relation of Mr. Cuthbert. member o.
the board.
i 81 would only mention further thai
an analysis of the board as composed
AT this time shows that the minority
lis composed of four members, 'Regu-
lars two of whom have interests ir
contract and account, and the Other
two, men of great learning and ability
have been busy a little part of the time
in trying to help the other two out II
their contentious; and shows that th'
majority is composed of eight mem
bers, four of whom were elected a.
Insurgents through the hard but ex
ce1lent work of the women of the city
in the progressive interest of the
schools ably assisted by the fairness O.
the State Journal, and that the eight
composing such majority, and in thu