The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-21


counted for.
The Statute Ambiguous, .
when 1 came into the office my at
tention was called to the ambiguous
statutes concerning the amount OF fees
the clerk might retain for his own
having been made of these statutes by
the courts. 1 adopted the construction
placed upon them by my predecessors.
Under this construction when moneys
accumulated in my hands that 1 con-
sidered as belonging to the county 1
rendered them to the county treasur-
er, Mr.. Medlicott. and demanded re-
ceipt in full for moneys due the coun-
ty. Because of the uncertain condition
of these statutes Mr.. Medlicott declined
to receive the money and it was there
fore not paid. These offers of pay
ment were made long before the pres
ent controversy arose, and they con-
stituted the first money ever paid or
offered to be paid by any clerk to the
county on account of fees collected.
when it was charged that 1 should
pay more money to the county than I
considered was legally due, 1 caused
an action to be brought in the district
court in which 1 rendered and offered
to pay into the court or to any de-
pository which the court might name
an amount sufficient to cover any
claim of the county. This action was
brought after the report of Mr.. Kohn-
ing had been made to the county, and
AFTER the DOdfu OF commissioners ndQ
given to the newspapers statement
from said report charging that I was
indebted to the county in the sum of
over $4,000. Later the county board
repudiated this report and filed a dila-
tory plea in the action brought by me.
Ny attorneys upon authority from
me offered to stipulate that the court
might appoint referee in said action
to make an accounting and proceed as
expeditiously as possible to determine
all matters of controversy, but this
was declined by the board of commits
sioners and contract made with
auditors for another examination of
my office. Finding that it was i'm
possible in said action to procure
speedy adjudication of the differences
between myself and the county board,
I caused it to be dismissed, and then
employed Messrs L. G. Beal and w.
r. Falkiner of this city to make an
examination of my books so that
might make an absolutely accurate
settlement with the county. These
gentlemen concluded their work and
reported 1t to me and my attorneys.
This report shows that more than
100000 passed through my hands and
that every dollar has been accounted
for and that my books have been kept
in a neat and accurate manner.
then paid to the county all that was
due as shown by the report upon the
basis advised by my attorneys, John j.
Schenck and A. NJ. Harvey. This pay
ment was made by me in good faith,
believing that it was payment in full
to the county The payments made by
me are the only payments ever made
to the county by any clerk of the dis
trict court on account of fees.
Not DiIatory Report.
''I have given the auditors for the
county all of the assistance and in
formation that 1 could, and in this
connection have turned over my bank
books and check books to them for
examination, although there is no. law
requiring that I keep the moneys in
my hands in any particular manner.
These auditors seemed very anxious
to make some kind of showing of
misconduct against me and In this
connection they have charged that GER
tain moneys deposited by me in the
bank on August 81, 1911, were not en-
tered to my credit until September L,
and that on this account I had mis-
appropriated funds for one day. Any
of my friends who care to investigate
the matter may have the privilege of
examining my bank book, and this
will show that the money was depos-
tied on August 81 and not on Sep
TENDER I, as claimed by them. My
bank book further shows that at all
times 1 have had on. deposit in the
bank sufficient moneys TO cover any
claim the county might have against
me under any Interpretation of the
law. This effort of the auditors to
make a showing that there was a
shortage of funds in my hands is a
received from them and the former
auditor employed by the county.
MY resignation is made upon my
own motion on account of the condi-
tons as given above and is contrary
to the Judgment of my attorneys who
advise me that the custer suit now
pending in the supreme court can be
determined in my favor. I have con-
sfdered that a properly contested trial
OF the suit pending in the supreme
court would involve more work on my
part than I am able to give to it in
my present physical condition. and
would be an injury to me although
decided in my favor. I have. there
fore. concluded that so far as my per-
sonaI conduct is concerned will sub
NIT it to the voters of Shawnee coun-
ty in my campaign for a denomination
The matter of the county's claim
against me can be settled in the court
and I purpose to keep on deposit II
the banks of this city a sum of money
slifficient to cover all claims which the
county may have against me, so thai
it will be a guaranty that every CEN
of money which the court may find
that I owe Shawnee county VIII b'
paid in full This will submit to the
court and cheerfui1y abide by its de.
efzfou The question of my persona