The Wichita daily eagle., 1894-01-05

TOPEKA, Kan, Jan. 4.-The fight be-
tween Mary Z. Lease and Governor Lew
ellinH has finally found its way into court,
and the righ { of Governor Lewelling to re-
move Mrs Lease without an investiga-
,ion, as provided by law, will be passed
upon by the supreme court. This morn
ing Eugene Hagan, as counsel for Mrs.
Lease. appeared before Chief Justice
Horton and filed a petition in quo war
ranto. asking that a writ be issued by the
court ousiing j. W. Freeborn from his
seat As member of the state board OF
charities. The writ was granted by Justice
Horton, and accompanying it was an
order restraining Mr. Freeborn from act
ing as "a mem Der OF the state
board of charities, from drawing any
salary as such mem Der, or from interter-
ing i'm apy way with the actions OF Mrs
Lease as a member and president OF the
hoard Mr. FreebOrn was notified by wire
bT ]. c. Brown, clerk Of the supreme
court, that such restraining order hao
been granted, and the papers VIII be
served upon him by the sheriff OF any
county where he happens to be at tis,
time of service,
Mr.. Hagan had orders from Mrs. Lease
Yesterday TO bring the suit, but could not
get before the court because it was busy
hearing cases on the January term docket.
Judge Doster has not been consulted at
ali in the bringing of the suit, says Mr..
Haaan. who adds that Mr. Dostor has
been acting only AS "the mutual friend"
between the warning parties. Inc case
will probably not be heard before the
February term OF court.
When asked what be thought of Mrs.
Leases proceeding. and whether he would
take a hand in the fight in court, Governor
Lewelliug said: 81 don't want 10 talk any
more on the So bject. There has already
been too much said The controversy now
is betweeen Mr. Freeborn and Mrs. Lease:
! am out out OF it. i have removed Mrs.
Lease and appoin ted Mr.. Freeborn. aud 1t
remains to be seen whether my certificate
amounts TO anything. think 1t does. L
believe have the right to remove any
member OF the board. and that am the
sole Judge in the Case.
"If the court hold differently, and say
YOU must state more specific reasons than
Won indicated in your notice TO her OF
removal, are you prepared to do lt?"
81 ap."
"WIll it be in the nature of charge
against her personal or her Official con-
ducts"
I'VE viii not cross that bridge until we
come to it?'
What was the result of the conference
between you and Frank Doster yester-
day."
THAT is not part of the case. l admit
that we had a conference. and tnat 1t was
about Mrs. Leases removal, but it has no
bearing: and it is not necessary to make 1t
publ c."
Judge Doster also declines to say any
thing about the conference. but 1t is the
general understanding in the state-house
that he advised the governor that be could
Iot maintain his position.
MRS. LEASE STILL TALKING.
KANSAS CITY, Kan, Jan. 4-The men,
bers of the Kansas state board of charities
arrived in Kansas City, Kan, this after
noon, and went at once TO the Kansas
institute for the blind, where they held
meeting, Mrs. Lease presiding. Only
routine business was transacted. y. y.
Freeborn, appointed as Mrs. Leases sue
cessor, was present, Dut Glu not participate
in the proceedings.
After the meeting adjourned, Mrs. Lease.
speaking about the action taken b, fore the
supreme court at Topeka today, said:
"You see, / have won the first point, and
| will win all the rest, too. / am right,
and intend to keep right on, and make
the governor retract his statesments and
retrace his steps, observe the law. and
understand that there is one woman In
the state who cannot be downed, nor
frightened at bluff and bluster
Ever since that interview of mine, just
after the election, Governor LeWelliDg mas
been trying to down me- Not long ago he
remarkt d 10 one of his friendS-and L have
proof-that Mrs. Lease would not dare to
spring a fight on him, or he'd show some
affidavits of her visit 10 Washington that
would shut her mouth. Just think of it!
state officers gathering affidavlts to
blacken woman's character !-offieers of
reform adminIstrati tool That Is the
last desperate act of a bad man. Some
time ago | was in Kansas City, Kan,
looking up some matters concerning VIOLA
tions of law, and when Governor Lewell-
ing heard of it he attempted TO remove
me- but lie failed. This is "A fight between
boodiers and men who misrepresent Kan
sas, ana Mary E Lease.
"Will be removed? Not by Governor
Leweling, you may be sure. I'll remain
.s president; l am presiding here. and will
preside at Beloit, whittier we so tomor
TOW. | am Ia the fight TO win, and have
he law and the prophets, God and good
people with me, ana when the Gating
guns begin to roar, there are some who
may want to stand from under. It's only
skirmish now"
WAITE TO lEWsLLlNG.
TOPEKA kan.,,Jan, 4-tiovernor Lew