The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-10-15


and J. d. SnOddy in relation to this mat
ter. which the following is copy;
TOPEKA, Sept. l, 1879.
FRIEND SEDGwICR: Find enclosed |
copy of letter addressed by me to Messrs. |
Scott IS Lynn and Snoddy, of the Both |
INST, touching the use of my name Of |
ficially IN the action of the board of |
county commissioners VS.. I. A. Taylor, |
ct, al l would haye sent copy sooner, but |
for pressing engagements which could |
not be delayed. VIII mail you letter |
this afternoon, which will go by next |
mail in response 10 yonr last letter in re-
gard To sending certain kilograms, the |
sending of which you suggested.
Very respectfully,
WILLARD DAVIS.
STATE OF KANSAS,
ATTORNEY GENERALS OFFICE,
Topeka, Aug. 30, 1879.
DEAR SIRs ON the 21st inst, upon |
showing made to me by your Mr. Lynn, |
l permitted the use of my name as attor-
ney general for the purpose of enabling |
certain citizens and tax payers of Lyon |
(who complained of certain |
to institute the action of the |
board of county commissioners of Lyon |
county VS.. l. A. Taylor ct. al. Since l |
granted that permission by signing the |
petition in said action, l have had per- |
sonal interview with T. n. Sedgwick, |
Esq, county attorney of Lyon county |
and am informed by him that he never |
refused TO bring the action stated or to-
to permit the use of his name as county |
attorney for the purpose of instituting |
the action aforesaid, that DIR. r. II. Nc |
Candliss in stating in his aft |
davit to me that he (Sedgwick)
had refused to prosecute said action is
mistaken, and in this his affidavit is not
true. Mr.Sedgwick has placed in my hand
copy of a communication addressed to
r. r. McCandliss and j. w. b. Hewitt
prior to your application to me for per
mission TO use my name officially. In
this communication he states IN sub
stance that If they will make such
showing of facts and evidence as will, in
his judgment or that of the attorney gen.
eral, constitute a 'prima facia" case, then
they might use his official name TO IN
stitute any or as many suits as they
might desire 10 commence. In matters
of so much importance as the question
and charges involved in the proposed
and now pending action, | think Mr.
Sedgwick, as county attorney, had the
right to the showing which he
demands in the communication
uOW hlC 10 tuC
legal guardian of the interests of his
county. This showing should be made
to him, unless you are prepared to show
under oath, and by strong evidence, that
it would be dangerous TO the public in
terests involved by reason of his interest
in, or his personal connection with, the
matters proposed TO be investigated All
the Prescriptions of official integrity are
in his favor, and are held to exist until
the contrary is plainly shown. Being
satisfied that Mr.. Sedgwick is entitled to
the showing demanded by him, subject
to the exceptions hereinbefore stated,
and being further satisfied that he has not
in any legal sense refused the use of his
name officially, L shall for this reason
address request to the court asking that
my name as attorney general be stricken
from the records and that l be per-
mitted TO withdraw its use in SAID ac-
ton. In permitting the use of my name
as aforesaid, l acted upon the theory
that the showing made was beyond all
question true as TO the refusal of the cOun-
ty attorney to act. And while granting
the permission l stated to Mr.. Lynn
that had some doubt as to whether the
attorney general had the legal right to
institute such action, yet as the county
attorney had refused, and as the showing
u1duC 10 liic, as " lic Lu0TItS Vi tue nc
ton, was sufficient, l was willing to let
the court say, whether the people com
planning could be heard through the at
| torney general. But l wonld under no
| circumstances have gone this far except
on the certainty that the county attorney
had refused. When you shall have
made Il showing to the county attorney
as indicated by him, if he does not con-
| slider it strong enough to warrant the
prosecution of the case l have no doubt
/ that he will refer the whole matter to
me as he proposes in said communica-
ton to Messrs. Scott 81 Lynn and j d.
Snoddy, Emporia, Kansas.
Very respectfully,
WILLARD DAVIS, Attorney General.
1t win be seen by reading the letter
written by the attorney general to Scott
s. Lynn and j. d. Snoddy that he, the
attorney general of the state of Kansas
an entirely disinterested party, fully en-
d0rsed the position taken by me in my
letter TO McCandliss and Hewitt, and
fully endorsed the only refusal eUer mad,
| 6y meat any ttBeetO any person or person!
to allow the use of my name in the find
ing of this action. And here appeal IL
every voter who may read this article Il
say if, in the position taken by me il
this letter 10 McCandliss and Hewitt,
in any way violated my duty as@county
attorney in this matter, bearing in min6
that this letter contains the only refusa
ever made by me to sanction thi
made to the attorney general after IN
wrote the letter to- Scott 81 Lynn 20
which copy is above given as requiI
ed by him, in that letter in order tina
his name should be continued to be use6
in said action, it became necessary tina
the parties prosecutiong this actiol
/ should obtain my name to my officia
capacity to the petition, or that the cas-
should be dismissed as the attorney ger
eral would no longer allow the use G
: his name.
They therefore again made applicatio
I to me for the use of my name, based NJ
I on the evidence at that time taken in th
t action coupled with the assertion ofthei
1 attorneys that they knew of other ev
q dence, which they would obtai
1 in the suit liable. Upon this showing
n laid the whole matter before the boar
i of commissioners, who at my reques
$ made an order that this suit should pr
g coed in their name, and that in my o
Il fetal capacity should sign the amende
e petition, which / accordingly did.
e the time the order was made, and sig
e ed the amended petition, it was undo
n stood between the attorneys employed {
IS prosecute this action, to wit: Messr
n Scott & Lynn and j. ID. Snoddy, tn
Y they should have the entire managemel
e and control of this suit, and shoul
: see to procuring the evidence, ett
d as in case of any failure / desired
e place it beyond the power Of any one
say, that such failure was in any way q
% frihufahle tn mr.
st The above is in brief the history
IS nv whole and entire connection wit
u this suit. and if from that anyone CT
y say that / have failed in any way to {
s my dut4 as county attorney, or that fro
my action in the past 1t is probable tn
u I will in any way attempt to preye
this suit In the future. Why, then all
N have to say to such a person is that
y neither ask or wish his suppo
a The charge made in last weeks Journ;
Dr. that tried to have this suit dismiss
because there was not sufficient eviden
g. to support il is wholly false, and is wit
II out the slightest foundation as the edit
al of that paper must have known when
/ made il. In conclusion desire TO 50
that if reelected shall, If cause allc
ri the parties managing that suit 10 CONT
Sc ne the same in my name so long as TIA
Of choose to do, and that by no act OF mi
IN shall this suit be dismissed until il
| finally tried out T. N SKDGWicK-
y The commissioners met Tuesd
= To consider q road ease and to let