The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-10-15
BOND SUIT.
County Attorney Sedswick Makes
Plain and Satisfactory statement OF
the Reason for His Action ia this
Maffer-

IN his Position.
To the rioters Of Lyon County, Kansas
The one charge persistently mad
against me as a reason why should no
be reelected To the Office of county at
torney of this county thIs fall IS that
refused 10 bring the action knoYn as TIN
bond snii, now pending in our court, Oh
10 allow my name as county attorney Il
be used in bringing the same, and that il
my official capacity Threw every obsta
Gle in the way'of bringing such suit, ans
if re elected would have it dismissed.
As This charge is wholly false from be.
ginning to end, and 50 totally at varianc,
with the facts in the case, may be par
doned for bringing to your notice the ev-
idence which clearly exonerates me from
such charge.
never or any occasion refused &c
bring thls suit, or TO allow the use of my
official name for the purpose of allowing
others to bring it, except as follows;
r. II. McCandliss and j. w Z. Hewitt
came to me and requested TO be allowed
the use OF my name as county attorney,
to a suit about to be commenced by them
against Gilmore, Taylor and Wood to re-
cover from them a certain amount OF
money which these persons (McCandliss
and Hewitt) claimed they had wronged
the county ont of in the sale of This
stock and purchase of the bonds. l in
formed these parties that they might use
my name for the purpose of commenc-
ing such action if they would produce
before me any evidence that the claim
made by them had any foundation, in
fact TO support il; that, as this charge
involved charging these three men with
the commission Of Is crime and involved
the county in the matter of heavy
costs in case the suit should
be unsuccessful, / would not
consent to lend any name to such 3
charge until | was satisfied tina: there
was some evidence by which such charge
could lie proved. They then promised
ne that tine attorneys whom they had
employed saould furnish me with evil
dence tending TO show The truth of the
| charge, iiicIgupnn informed them that
if that MAS home they could use my
name
Upon an interview with attorneys
leaned from thcm that they had no evil
dence in their possession which they tell
at liberty 10 lay before me In this view
of the case | felt that If they could moi
trust me with the evidence of which
they were possessed, which warranted 50
grave charge, | could not trust them
| with the use of my name, with which to
make such charge; that there might be
| no mistake or misunderstanding as to
my position, | gave these parties my AN
swer to their request IN writing, OF which
| the following is u true copy:
GENTLENIEN After more mature and
| careful consideration of the request
made by you, of me, for permission to
use my name as county attorney
in civil action about to be
| commenced against ID. S. Gilmore
/. \. Taylor and L. A
Wood TO recover from them money al.
| legged To belong to the county, | have
concluded in order that there might be
no mistake or misunderstanding as to
| my position in the matter TO return my
answer to you in writing.
As l understand the matter you claim
| to be in possession of some evidence
tending to show that these men above
| named while county commissioners OF
! this county, received more money in the
sale of the A. T. s. S. F. stock owned by
| the county than they reported 20 the
county, and that they converted the sami
to their own use; also, that IN buying il
| the bonds of the county they reported t
have paid a larger sum for the same thar
| that which they actually did pay and tC
| have pocketed the difference.
That you have, for the purpose of pro
tecting the rights of the county employ.
| ed able counsel to sue these parties an6
recover this money for the benefit of thu
county, and only await my consent Il
use my name as county attorney in til,
prosecution Of such case to commence
such action; that you are ready and will
ing to give security which will fully pro
tect the county against being liable 70
any costs in such matter.
Sec. 1876 of chapter % of Genera
Statutes of this state reads as follows;
| S136. at shall be the duty of tn
county attorney to appear in the severa
courts of their respective counties ant
prosecute or defend in behalf of the pee
pie all suits, applications or motions
civil or criminal. arising under the law
of this state in which the state or thei
county is a party or interested"
This law above quoted contemplate,
that such suit as you desire to hav
brought should be brought by me in m,
official capacity, and not by private in
diVIduais. In view of the above law, d
you or either of you know OF any goo
or sufficient reason why have not bee
consulted by you in this matter beyoh
q mere request TO allow my name to b
used by private individuals for the pul
pose Of rcdressing wrong against tn
people.
,, Have you or either of you any goo
and sufficient reason to suppose that
would not fully and to the best of m
ability do my plain duty under this LAY
| 81 Of Ia 1ns6 I
fore me sufficient evidence to make
priD1d .facia case against the parties?
/, you had no such good and sufficieI
reason why have you not had the cour
. esy to lay the whole matter before me #
the purpose of enabling me to prosecul
these parties; would it not have bee
: sufficient to have made the request yo
, now make after you had laid the whol
, case before me, and I had refused [
take any action?
Has there been anything in my pas
s private or official life to warrant you
the belief that il you had made a "priu
facia" case before me that | would III
have prosecuted the matter as vIgorou
e ly as | should have, even though Il
: parties To be prosecuted were and are NJ
personal friends.
If | should consent to do as you as
. would tnot give you and every one ell
f a right to say that one of the most in
h portant cases affecting the RICH
- of the county, which arose du
? ing my administration of the Office
: county attorney, had to be undertaken al
/ prosecuted by private individuals
q their own cost and expense, owing eth,
q (as such person might see fit to interpr
: the matter to HIMSELF TO my compiled
Il with the other party my dishonesty or Il
lack of ability? Is it not and was
not your duty as citizens of the count
n if you know any fact which leads TO Il
belief that the county has been wrongl
y out of any money in this matter to ha
IS laid the facts before me in order that
e. might at least have the opportunity to
Il my sworn duty under the statute? Aga
| have requested both you and the {;
e torneys whom you have employed
II. furnish me some evidence which wou
d tend in any way TO show that what y
:, say Is true IN order that
= might have some excuse
IN using my official position to ma
e. so serious charge against men W
Is stand high in this community
n This request you have steadily refus
n to comply with, saying that you are l
at liberty to disclose to me in my o
cial capacity the facts in your poss
sion You then place me in the pc
ton of demanding that should all,
you, under the cover of my offic
name, to charge these men with q
al which if true makes them and each
III them felons before the law, withI
> placing in my hands even the shadow
- a fact on which to base so seriou
as charge, for my permission in allow
II. my name thus TO be used. You m
nj concede that no honorable n
- should charge another with the CT
10 mission of a felony unless he
he some proof within his knowledge tend
.e to sustain such charge. vet YOU reau