Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1894-09-29
A Malicious FalSehood to Boil
Ster Up Official Corruption.

about the mismanagement of the state char
liable institutions. Who made the laws
which prevent the governor from removing
members of the board of charities! And
what court rendered the decision which
makes it binding? The whole system was a
result of republican rottenness and judicial
corruption. Now, let republicans shoulder
the blame and keep still.-Topekd Adrocdte
The Capital replies to this in an ex-
haustlve editorial from which the follow
ing is extracted; the extracts giving
facts and leaving out arguments.
In 1889 the republicans of the state
passed an act giving the governor full
authority to have Investigated legally,
by bipartisan tribunal, all charges
against ''the management or admins
tration of the affairs of any charitable,
educational or penal institution, or the
official conduct of any officer in charge
of or otherwise connected with any of
such institutions" If, upon investiga-
ton, it is ascertained that the charges,
or any of them, are true, the governor
has the power to dismiss from public
service any official or other person con-
nected with any of the institutions. In
vestigations may be made concerning
corruption, venality, inefficiency, mis-
conduct, immortality or inattention to
duties. Further than this the statute
expressly provides that the governor
shall direct the attorney general in all
cases where the laws have been violated
by any official of the institutions to COM
mence proceedings for the punishment
of the offenders. To give the governor
still further power, the statute expressly
authorizes him to suspend from Office,
during any investigation, any officer in
charge of, or otherwise connected with
the charitable, penal, or educational in
situations. Therefore, the governor has
complete power to investigate and sus-
pend or remove any officer of any of
the public institutions.
For full examination of the provi-
sions of the statute, we refer the editor
of the Advocate, and all other populists,
to chapter 239, Sessions Laws of 1889.
There is nothing in any of the laws of
the state which prevents the governor
from suspending or removing any dis
honest or corrupt officer, or employee, of
any penal, charitable or educational in
stitutions of the state, and this the gov
ernor knows full we'll.
general additional power to remove cor
rupt or unworthy officials, the criminal
code passed by republican legislature,
expressly provides that any person hold
ing any official or public trust, who is
guilty of any fraud corruption, oppres-
sion. partially or misconduct in his Of
fetal capacity, or under color of his Of
fee, may be punished by fine or imprison-
ment and at once removed from office.
Sections 207-214, Penal Code.
The supreme court of Kansas has
passed upon two cases only concerning
the removal of public officers since Gov
ernor Lewelling assumed the duties of
his Office In both of these cases Jus
tice Allen, the pOpulist, fully con-
Cured. In one case the court decided
against the republican state railroad
commissioners and in favor of the popu-
list railroad commissioners, holding that
under the statute authorizing the APP
pointment of commissioners they could
be removed at any time without any
reason or cause being assigned. State
VS.. Mitchell, so Kas. 289. The statute
concerning railroad commissioners ex-
presslv provides that they may be re-
moved at any time, but no such pro-
vision is contained in other statutes con-
corning the appointment of public Off
Gals, and it is not usual for statutes to
embrace such provision.
In the other case, the court decided
that a trustee of the charitable institu-
tions, who had been appointed for the
full period of three years and confirmed
by the senate, could not be removed ex-
cept for cause. Lease vs. Freedom. 50
Kansas, $50.
In the last case the court remarked:
IF Mrs. Lease has been arbitrarily
or capriciously removed, without any
cause or warrant of law, as alleged in
the petition, she is entitled to be re-
stored to all of her rights. She cannot
be ousted except for cause, and, before
being ousted, she is entitled to be heard
in her own defense. OF course, any
trustee may be removed ''for good cause
shown" but this fact becomes a condi-
ton precedent, and the cause, or causes,
enumerated must be alleged, and the
party notified and the causes examined
The statement of the editor of the
Advocate is not only Intentionally false,
but was written because the governors
conduct concerning these institutions is
absolutely indefensible, and it seems to
be very necessary to the populist lead
ers to attempt to deceive the voters of
the state by misstating the statutes and
the decisions of the courts.
The governor has full power to turn
the rascals out, and he has this power
under republican laws and the decision
of republican courts, with the full con-
currence of the populist supreme court
Judge
A majority of the counties of Kansas
have had thair rate of taxation increas ad