The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-05-28
NO MANDAMUS.
The Governor Can't Be Reached
in That Manner
In the Alleged CrOOkedness of
Warden Chase.
DICK CHAsE'S SIDE.
Reasons Why He Discharged
EmplOye Asa Bunn-
The Board of Directors the
Proper Investigators.

The scheme to mandamus Governor
Lewelling and compel him to order an
investigation of the charges filed against
Warden Chase and the directors of the
penitentiary has been abandoned After
talking with JOURNAL reporter Satur-
day afternoon, Asa Bum, the discharged
mine superintendent held long consul
tation with Lawyer G. G. Clemens about
the proposition to mandamus the gov
ernoE
o Mr.. Clemens told Mr.. Bum that the
plan absurd as the supreme court
had during the administration of Gov
ernor NJ Martin, decided that the governor
could not be touched with writ of man
damus.
1t is now understood that the governor
has referred the charges back to the
directors and Warden Chase. Warden
Chase is in Topeka today in consultation
with the governor
He said to JOURNAL reporter con-
cerning the charges: 81 discharged Mr..
Bum, the mine superintendent on the
9th of this month for incompeteQcy;
for furnishing whisky to the convicts;
for leaving the drawer of his desk open
and his revolver lying in it where the
convicts could get it. Mr. Stonehocker,
the other man who filed the charges,
was discharged last fall for meddling
with the business of other officers.
"In those charges they do not accuse
me of any dishonesty. The governor in
vestigated the matter and returned the
charges to them quoting section 3, ses-
sion laws of 1891, which provide that it
shall be the duty of the board of peni-
tentiary directors to investigate charges
against the warden or any of the officers
of the penitentiary.
"Charges have also been made
and It. II. Butler, two of the
penitentiary directors because he asked
them to come and Investigate the con
dition of the mine, and they refused TO
do it."
GLOW about the hay deal?'' asked the
reporter.
"Well sir, about August or September
bought a car load of hogs to feed the
sIop to from the penitentiary, thinking 1
could make more out of il that way than
by selling it at SO month. which was the
price we were getting for it. bought
the hogs and my action was approved by
the board. Every bushel of corn fed
was charged to the hog lot, and L have
the satisfaction of knowing that the pro-
ceeds of the slop, after deducting all
other expenses, brought profit of about
| $500 in about six months instead of $50
! as we had been receiving" Is
Governor Lewelling said: 81 under
/ stand that mandamus proceedings will
| be commenced. l understand from the
statutes that it is the duty of the board
! OF directors 10 lHNesllgdte CHARGES. 1Hey
will have a meeting on June 8, and it is
understood they will consider the COM
! plants. There was no charge of cor
/ ruption or dishonesty made except that
/ it was implied that he had taken money
| from the funds of another appropria-
| tion. 1t is not charged that he
used the funds for his own use and if
| the charges were true he only tech
nical.y violated the law and that as Mr..
Chase says, in the interest of the state. 1
will do nothing until l hear from the
action of the board of directors"