The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-25
GREENWOOD CASE
County Opposes Paying State
Sum of $4,000.
Is From Delinquent SchOOl
Land Funds.

Greenwood county officials are in
Topeka today trying to convince tie
state auditor that the county ahotiIu -t
not be compelled to at TINS Tune pay
the state s.. 460 in delinquent school
iand f,1nds part of which at least
were carried away nearly Az years dso
nv a defaulting county treasurer
Tbere seems 70 be some fine legal COM
plications mixed up in the trailSdctioi
and it is probable that the con ~
ma reach the courts if the state IN
49, mar the county should pay the
money ,..,,+,,,., made
AN AUTHORIZATION to cover an lnNestI5d l
tion regarding uncOllected school laliI i
funds. The state knew tnat II -
lost thousands of dollars through lhe
- Iand deals in the 105 counties,
but no one seemed to have the exact
figures and the counties against winch
claims were made, were Ieluo lelII' 80.
nav the bills. Twenty-Five coult ne
have been audited TO ulScoNeI -
amount due the state. In those -
counties. it was found that more imam
soc OOo remained due and unpaid he
claim against Greenwood county
arnouDted So $50 and was one OF the
largest claims on the list reporteu'
A few weeks ago, Auditor laws ~
fled the county treasurers in the seN
oral counties that they should make re
1ni+tance or action would be taken "
tore a collection. Some of the counieS
,,onnittad Greenwood county notlIleu
tho auditors office that the county
ficials were checking their poohS ~
verify the states claim. Now Ihe
,.oi,rfv has discovered that the money
due the state was taken by a deIaui'-
ing county treasurer who hetu oALICO
az wears a go and they decline to MAKE
payment to the state
Saws state Slept on Rights.
County Attorney 5. F. Wicker ana
w O. Blackburn, retiring coul.y -
in the county. are in Topeka today anu
- +,.,-ino 70 adjust the claim which
tho state makes against GreenWoou
coun+v According to these OFFICIALS,
tba school land fund is not a part OF
tho state tax and funds of TINS nature
are not now collectaole' Slnce "a
statute of limitations has expired any
il is claimed that the state Has oeP
on its rights TO recover.
Records brought TO Topeka by Ine
Greenwood officials show that IN 1oiV'
A H. Nicholas was elected as counly
treasurer. After Nicholas retlreu louI
wears later the county discovered liz ~
there was a shortage OF solie i1,l+,9
in tho treasurer's office. SUITS DOM
nix,i and criminal. were filed against
Nicholas but he acquitted on
criminal charge. Pending the trlal VI
the cases. however. the deIaulliiLs
treasurer transferred to the coumlS
property appraised at ABOUT $500 -
nronertv brought about half the APP
nraised value when disposed OF at
forced sale and the county was Iorceu
20 make m the deficit in the o1tlce III
n subsequent tax levy.
T,rcasurer's Bond Disappeared
A. is customary in defaulting cases, i
Greenwood county reallzeq tnat nc
cr1it
traasurer's bond to recover the run
amount of the loss. But When Nlch
olas went out of his Office ms ppIu
disarneared and the document mas
u ,,9ar 6ea1, located. Thus the county |
lost all money covered by the defaIca-
ton except such as was realized from |
the sale of assigned property:
An audit of the treeSurerS DOCKS |
sbovvs that Nicholas left the office
with sOrnethiLG more than $4,OOU OF
the school fund. The county owes the
fund S546O. Whether the audlt 1all-
cd TO reveal the entire amount OF the
defaIcation. whether there was loss
under subsequent administrations, or
whether the amount rs covered III
some Interest charge on the principal,
: a matter which the state and county |
officials have not fully settled
Receipts Are Missing.
Again. it is contended by the Green
wood officials, that possibly all FUNDS
except those under the 1SIO-'4 loss
beR0 fully satisfied 1ney point
to the fact that some ten years ago,
The county was compelled to build
new vaults in which to store public
records and documents. Before these I
vaults were built several bushel
baskets full of old and musty docu- II
ments were thoughtlessly burned by /
a thoughtless public official who de- Il
sired to make room for more recent
records Possibly, the Greenwood Of
ficjals argue, possibly some of the re-
ce:pts for payments which the state
now seeks to enforce, were then in
existence but were destroyed. This
fact is given some weight by virtue of
the showing that the auditors credits
TO the county on school land payments
are in excess of the receipts which the
county is at this time able to produce.
1t is all a knotty problem. Prob
ably several days will be required to
adjust the matter and considerable
legal advice may he necessary to eff
feet a settlement. Possibly, in the end,
the entire matter may wind up in the
courts Attorney General Dawson has
not as yet been consulted in the mat
ter, but it is probable that he will be
called into the conference before the
work Of reehecking the audit is COM
Pleted.
This is the first case of this nature Il
resulting from the states effort to col
Secretary on an Iowa Trip. Il
]. Will Kelley. secretary of the To- 4