The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-12
JOHNNIE MUST GO
PRUDENTIAL TO BE BOUNCED BY
THE SUPREME COURT.

He Has Gubernatorial Zee in His Bonnet
and He Wants To 60 Before Sympa-
thesic People as Martyr to What he
VIII Call a Partisan sourt--His Pay Is
stopped i'm the Meantime-nuo War
ranto Proceedings Commenced against
Him--History OF the Case--WEat Mr..
Jobes Says.
A., Wednesday afternoon quo warranto
( proceedings were instituted in the SUI
A! prefne court on behalf OF the state of
Kansas by Attorney General +. 3.
Dawes to secure possession Of the office
OF state bank commissioner now &C
cupied by John W. Breidenthai and to
which Hon. c. :. Jobes Of Attica has
been appointed by Governor Morrill,
The hearing of the case will be heard
during the May term of the supreme
court if the opposition, headed by Mr.
Prudential, resorts to no dilatory tao
tics. This viii hardly occur as he pre-
viously manifested his willingness and
readiness to go into court and submit
10 decision Of the case upon its mer-
its and to engage in nothing that would
The petition filed by the attorney
general states that Mr.. Breidenthal has
no legal right 10 occupy the position
and prayS for awrit Of custer and asks
that he be excluded from holding the
office. The plaintiff also asks judg-
ment for costs OF action. The case hav-
ing been duly placed in the supreme
court and the defendant having en-
tered voluntary appearance therein
there can row be nothing done except
TO await the hearing. Judge Nalen-
tine and Hon. J. w. Ady will assist the
attorney general in the prosecution of
the case.
the office Mr.. Jobes has entertained the
opinion that Mr. Breidenthal would
realize the untenableneSS of his posi-
ton and yield the office to his rightfuI
successor. For that reason he has
made no undue haste, though he could
nave easily presented the case to the
supreme court for hearing at the April
term, but delayed because ne thought
he would not be compelled ia go into
court TO secure possession of his office.
The contention Of Breidenthal is that
he is entitled to serve four years in the
Office. The contention Of the other side
is that Mr.. Breidenthal served out the
term of four years on March .. The
facts in the case are that on the 2lst
day OF March 1891, one Johnson was
appointed bank examiner for four
years. In 1893 John Breidenthal was
appointed in his stead. lie. of course,
was appointed for the uneXpired term
and hence he should have vacated the
office March u, 1895. On that day c. s
JobeS was appointed and upon qualify
ing went to take the Office but Mr..
Breidenthal refused to give it up. The
next thing was to stop his pay and that
has been done as he is now acting com
pletely without legal authority and
would not be recognized as an exam
liner by any bank in the state Not
only has his salary been cut off but
that of all his deputies and clerks. The
auditor OF state viii pay nothing to
anybody connected with that depart
ment from the 21St OF March until the
supreme court acts. 1t is reported here
and pretty well understood among Pop
ulists that Mr.. Rreidenthal knows very
well that he is by no means entitled to
continue in office. One we'll known
Populist ex-officiaI SAID a few days ago
to reporter for the Eagle that John
Prudential had a gubernatorial bee
in his bonnet, that he proposed to hold
onto his present office until removed
and then go before his people as a vic
tim of "a partisan court "a martyr,
so to speak.
Mr.. Charles JobeS, the gentleman
who was appointed 10 succeed Mr..
Bfeldentfldl, arrived IN the city last
night on a visit to his brother, c. y.
.Iobes of the Kansas National bank
When asked about the present status
of the affair above stated. he said:
1.-The mater is now in the supreme
court and / do not want to talk on the
subject as 1 expect the case viii he
advanced in the docket owing Ia the
fact that ii involves a public office
The action was brought by Attorney
General Dawes and in the name Of the
state. 1t was not brought earlier be
cause of the idea that Mr.. Prudential
was believed to be a. reasonable man.
He is intelligent enough to see that
his position in this matter is not well
taken and nobody expected that be
would maintain it so long. Unless Mr..
Breidenthal resorts TO diiatory tactics
the case will he heard al the May term
of the supreme court. II is to he pre-
sumed that he will not Ty to delay il.
lie has said that he wanted the matter
settled and he will be given an oppor-
tunity to test the sincerity OF his state
ments by permitting the case To reach
an early adjudication