The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-19
CHASE MUST co.
The Supreme Court Unanimous
in It's Report
On the Case of the Warden OF
the Penitentiary
LAWFULLY REMOVED.
The Court Says Chase'S Removal
Was Lawful.
Part of the Decision Affects
Rogers Case.
LAWFULLY REMOVED

The supreme court this morning
handed down the long looked for
opinion in the penitentiary wardenship
case.
Dick Chase loses the case and must
turn the best Office within the gift of the
administration over to ]. Bruce Lynch,
his Republican successor, who was re-
Gently appointed by Governor Morrill,
Warden Chase was appointed two
years ago by Governor Lewelling, and
is regular term would be for four years
He was however subjected to an in
vestigation by legislative committee
and was removed by Governor Morrill,,
who appointed J. Bruce Lynch as his
successor.
Chase refused to turn the office over
to his successor and brought suit in the
supreme court to retain possession of the
office.
The opinion of the supreme court is
unanimous against Chase.
The opinion itself was written by As
sociate Justice Johnston, and is concur
red in by Chief Justice Martin and Asso-
ciate Justice Allen.
The syllabus of the case is as follows:
''The office of warden of the state pen
itentiary is created for the public con-
venience, and the incumbent of the office
is the mere agent of the public, who, by
virtue of his appointment, acquires the
right to exercise the functions of the Of
fee, and receive the prescribe compensa-
tion, until the end of his term, or until
such time as there may be Il resignation
or forfeiture of and removal from the
office in the manner provided by law,
but he has no property or vested right
in such Office.
SIT is within the power of the Iegisla-
ture to provide a summary method of
removing incompetent and unfaithful
officers and to that end it may confer
authority upon the executive and admin
istrative officers.
While the proceeding to remove from
office for cause involves the examination
Df facts and the exercise df judgment
and discretion by the executive officer,
his action is not judicial in the sense
that it belongs exclusively to the courts.
"Chapter 239 of the laws of 1889, pro-
viding for the Investigating of the affairs
of state institutions and the conduct of
officers connected with the same is not
superseded or repealed by any of the
provisions of chapter 1852 of the laws of
1891, being an act in relation to the state
penitentiary.
"The title to the act constituting chap
ter 239 of the laws of 1889 is broad
enough to cover the provisions of the act
authorizing the investigation of state in
stitutions and the conduct of the officers
in charge of the same.
"a committee appointed under the pro-
visions of that act has authority to inves-
tigate charges duly preferred against
the warden of the penitentiary when the
Legislature is not in session, and where
upon sufficient notice a hearing is had
and a report made finding that the
charges are sustained and cause for re-
mOval exists, the governor under the law
of 1891 is authorized to act upon the find
ings, and report and remove the warden
Sem his office.
ain a summary proceedings for the re
mnval of officers under the statute, the
same formality and precision are not re-
quired as in q trial before a court, and
the accused cannot claim the benefits
incident and common law rights pertain
ing to such trial. nor has the doctrine
of res adjudicata any application in such
proceedings"
The decision covers eleven typewritten
pages of legal cap paper, and the clos
ing paragraph is said to settle the case
OF Senator Rogers, who is fighting to get
MS place as regent of the state univer-
sity back again.
Ihls paragraph is as follows: "The
allegation that the testimony was insult
ticient to sustain the findings is without
force. The evidence was heard and con-
sldered by tribunal created for that
purpose, and the duty of determining its
sufticiency belongs to that tribunal and
not to the court Testimony was Offered d
to sustain and refute the charges. and
the weight and suficiency of that testi-
mony as we'll as the fact of whether cause
was shown, were concluded by the deter
mination of the committee and the action
of the governor"
Chase VIII Go Out Quietly.
LEAVENWoRTH, June 19.-Seth W.
Chase received news Of ,