The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-10-10
ROW over BILLS.
School GARD Controversy Takes
a New Turn.
Factions Argue From Their Ir-
di,i.uaI StandpOintS.
ISSUES A STATEMENT.
President SwendsO1 Gives 1t as
NATTER Of informant n"
Spencer States His Side and
Refers to Contract.

| SDeCL TO the pdNlnenl OF the OllIStIe "
Nicholson, Spencer and Keesee, and NJ.
Council bills. and the action taken by
S. A. Swendson, president of the board
in refusing to sign the warrants for the
payment of the bills, has become d
matter of general interest in the city.
Swendson today issued a statement
| giving his reasons for refusing to sign
! the warrants. According to the ex-
ecutive of the school board, the ques
ton probably will not be settled until
after decision in the supreme court
| He has acted on the ground that he
| would not be justified in signing the
| warrants in the face of the opinion of
| Attorney General Fred S. Jackson. The
men who are particularly interested in
| the payment of the bills argue from a
| different standpoint
| statement of SWendson.
! Following is the statement of Mr.
! Swendson:
AS a matter of information, and as
per request for a statement, as to the
| matter of bills of Spencer & keesee,
| contractors, for some $4,000 Gillette &
| Nicholson for some $400 and M. Council
| for little less than $500, which were
| considered by the board at some length
| at it's last session, and for which l
have been forced to decline to sign the
| warrants I beg to submit the follow
| ing:
LAS president of the board. I had
procured and presented to the board,
an opinion of Attorney General jack
| son. concerning the matter of members
| of the board, being or becoming inter-
ested in furnishing material or sup
| plies, directly or indirectly, for the use
| of the schools, and his opinion was adj
verse to such action by members, and
adverse to the board allowing and pay
| ing such claims.
81 further set forth that / had no
personal interest in the matter, but
was concerned only officially, in the
performance of my duties. which was
and is true and I now desire to repeat
what in substance I then stated, that I
dislike to inconvenience anyone. and
desire that these men shall have al
that is due them, and I will help them
in any way possible, inside the pro-
visions of the law.
Il stated that If any man was ag-
grieved. he had recourse to the courts,
and that an additional question in allow
ing these claims, might lso bring up the
question of the Spencer contract, IN
the Van Buren, street school building.
and the issuance of warrants against
fund, possibly already overdrawn, in
making repairs necessary for the oper-
alton of the schools, the penalty being
liability to arrest and the prosecution
of the board. for the illegal issuance of
warrants.
I'm the discussion of the bills above
referred to, it was found that Mr..
Cuthbert, member of the board, has
an interest as mem Der of a sub
contracting firm. in the Spencer bill,
and that he had a like interest in the
Council bill. having furnished some
material included in both. Mr.. Cuth-
bert, besides being a member of the
board. is chairman of the buildings
and grounds committee. and as such
has some supervision for the board
OF all material for school use.
In the Gillett & Nicholson bill Mr..
Nicholson. g member of the board. is
interested, being a member of the
firm. Both members, Mr.. Cuthbert
and Mr.. Nicholson, in furnishing ma
terials for use in the schools. are per-
sonally interested, and must vote on
! bills involving their own personal in
terests, a condition prohibited and
| barred by the statute. in the opinion
| OF the attorney general, the highest
| official legal opinion procurable, and
next in Importance to a court deci-
sion.
How the Board Voted.
notwithstanding, the above referred
to opinion of the attorney general.
with one member absent, the board
voted, by vote of six in favor and
five against, to allow these bills. OF
the six members voting in favor, Mr..
Carver and Mr.. Gleed, advised and
argued for the bills. Mr.. Cuthbert and
Mr.. Nicholson. the two members per-
sonally interested in the bills voted for
| the bills including their interests, and
| the other two members voting for the
bills, Dr. Magee and Mrs. Evans, APP
parently did so. with the impression
that such action by the board at that
time. would clean the slate settle the
old matter. ana leave the board clear
for the future, to live up to the spirit
of the law and statute as referred TO
in int in, hoo,
meeting by Mr.. Holiday, member of
the board. and adopted by the board a
short time ago.
However, the vote as cast. did not
settle the question. nor would it help
to settle the question of law or liabil-
ity or legality, for me to sign these
warrants. in accordance With the six
votes cast in favor. for each month. IN
Mr.. Spencer's estimate in contract. the
Cuthbert item win appear and thu
board will be called upon again and
again. to pass upon this question. IN
less a court determination is secured.
/ Therefore, in my humble judgment.
there is but one way to properly meet
this matter. and that is to follow the
opinion of the attorney general which
is safe ground in the interest and vel
| fare of the schools.
ct am advised that possibly or prob
ably by maudamus or other proper ac-
! ton, in the supreme court, an early
decision can be had. which will set
tie the entire matter, and ] shall glad
| ly accept the result of such a deter
minatlon. I am confident that with
all of the members of the board pres
ent, and upon mature elaboration, a
| good majority and probably all of the
members of the board, will favor a
| close conformity to the unquestioned
provisions of the statutes.
Il have but one purpose in the whole
matter. and that is to obey the law and
| faithfully perform my duty, and if
| there is any part of the work of the
| legal or wrong, I desire in every way
possible to help correct the same, have
| all thi gs right, and sacredly guard
and p ltect the school fund, using it
only il the way. for the purpose, and
| under all the safeguards. CONTEMPLATED