The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-10-04


that will have the support of the peo-
pie of Topeka. 1 intend to stand by
the law. Let those who are hurt go
to the courts for redress. Graft is
being talked on the streets The board
may be arrested some day for issuing
warrants for unlawful purposes
]. w. Gleed: There is not the
slightest question on earth as to the
liability of this board with Mr.. Spen-
Ger. It's simply absurd"
Swendson Explains Position.
s. A. Swendson: Complaints have
come to me from persons who supply
materials who believe it is unfair to
them for members of the board to
be awarded contracts. 1t is up to
this board to see that the contractor
complies with the specifications. Cuth-
bert is not only a chairman of a COM
mittee. but he has supervision of ma
terial. and it is not fair. The chair
man of a committee has more power
than any member of a committee
Attorney Generals Opinion.
At this stage Swendson read the
opinion of Attorney General Fred S.
Jackson on the question under consid-
Grafton. The communication was adj
dressed to State Superintendent E. T.
Fairchild. The following questions
were asked of Mr.. Fairchild by the
president of the school board:
First. Can the board of education
chase supplies or material from a
member of said board of education for
use of the schools of the city?
Second. If not, can the board of
education legally pay for material or
supplies purchased from or for work
done by one of its mem bers for the
schools?
Third. If the board can not legal
ly make a contract with one of its
members to furnish material to be
used in the construction of a new
building, direct, could the hoard legal
directly-that is, on sub-contract-to
furnish cut stone. brick, cement or
other material for use on contract
construction of new school building?
In our particular case, the sub-con
tractor is a member of the board and
is chairman ofthe building commit
tee. AS such chairman, he has some
supervision, at least, of the material,
furnished by himself, as sub-contrac-
tor, to the contractor, for use in con-
struction of a new building
The questions were submitted to the
attorney general and his opinion was
as follows:
'T find no statute which expressly
mentions members of the board of edu-
cation but paragraph 958 of the gen
eral statutes of 1909 prohibits any cleo
tive OF appointive officer or servant of q
city to be a party to. or pecuniarily in
terested in any contract, job or piece
of work which may be let by the city,
and any such contract shall be alb
solutely null and void, etc. And no Of
ficer or servant of the city, while hold
ing such positions, shall sell any com
modify or service of any kind or char
acter to such city; and said para graph
provides for the removal from office of
any city officer who shall become con-
cerned, directly or indirectly. in any
benefit r,rOfif or OecuOiarV ADVANTAGE
upon any questions submitted and pro-
ceedings upon which said officer may
be called upon to vote or act officially.
There is another statute which pro-
hibits county and state officers frorc
being interested in any contracts over
which they have any control.
"A member of the schol board in a
city of the first class is school dis
triCt officer, and in a sense is city Of
ficer in that he is to be elected at the
city elections. See paragraph 1855 Of
the general statutes of 1909.
It am of the opinion that contracts
between boards of education and men,
bers thereof are Illegal and void as
against public policy. On moral
grounds there is Just as much reason
for prohibiting a member of the board
of education from contracting, directly
or indirectly. with the school board as
there is in prohibiting any city officer
from being interested in any contract
made by the city council and upon
which he has a right to vote. In my
judgment no school board should enter
into such contract nor pay out any
money upon such contract"
Carver Criticises Opinion.
/ 1T was evidently written without
very much consideration" remarked
Judge Carver The statute makes the
board of education an Independent cor
poration. The city has no more to do
with the board of education than IT.
has with the street railway company"
This is not the supreme court, -
broke in President Swendson.
You seem to think you know more
than the supreme court, retorted Gar
Yer.
IT resent that kind of talk" replied
Swendson, in no calm tone of voice.
Cut out personalities" cried one of
the members of the board, and then
there was comparative quiet for a few
seconds.
There can't be any question as to
the point of law" continued Carver.
AS sure as the sun shall arise tomor-
row the board will have to pay this
bill. This talk ought to lead the peo-
pie to believe that we are a lot of
scoundrels.
Tired of Law Books.
Holiday: 1.-The only argument the
judge can give is that we are an hon
orable body, and the judge knows it.
I don't see why some men are so con-
tinually eager to get money out of the
board. 1 am getting tired of having
law books brought in at meetings.
1T isn't right. 1t isn't decent, isn't
| moral to pay these debts and you
know it. We are making a Holy show
of ourselves. The people do talk graft. y
Smith; Il was in favor of cleaning the
slate and starting anew, but after hear
| ing this discussion 1 am in favor of
| letting the courts settle it,
Mrs @ I Evans: There is critic
| ism made by the people in regard to
this matter. I kept my eyes open for
graft before I was a member of the
board and 1 heard considerable talk.
| II don't think that it is a good plan
| to make a habit of letting contracts to
members of the board. I hope from
| now on we will have a clean slate"
| c. c. Nicholson: Il didn't know any
| thing about the bill until 1 read the
funeral in the paper. My partner