The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-11
M'NALL REMOVED
Governor Stanley in Dual Role
of Prosecutor and Judge
Finds the Defendant Guilty as
Charged
AND FIXES PENALTY
At Immediate Dismissal From
Office.
C0nstrues Failure to Answer as
Evidence of Guilt.
SUCCESSOR is NAMED.
SUCCESSOR is NAMED.
w. V. Church Appointed to Va
cancy and Full Term.
Sharp Interchanges of Words
Between the BelIigerents.

Governor Stanley at HIS today
signed an order removing Webb McNal
from the office of superintendent of in
surance, having held hearing at which
McNall did not appear.
The governor sat as the sole judge
of the charges filed against McNan by
Arthur Capper and found the defendant
guilty on every count ard ordered him
to vacate
The governor Immediately telegraphed
w. V. Church of Marion who was ap-
pointed some time ago to succeed Nc
Nall, to come to Topeka to take charge
of the office as soon as he can file
his official bond and have it approved
by the executive council. Church was
at the same time appointed for Nc
Nails unexpired term, which extends
to July 1.
The proceedings today were full of
interest, although newspaper men were
the only spectators. Early this morning
Governor Stanley sent to McNall a let
ter in which he said:
Arthur Capper has verified the petit
tion in my office, of which you have
had notice. 1 inform you of this fact
so that you can ask additional time
if you desire it at the time set for hear
ing this morning
McNau read this letter and re-
marked: IT'S very kind of the gov
ernor to urge me to ask a continuance.
Courts usually sit up and say: Why
are you not ready for trial?' -
McNall then sent to the governor a
communication which was as follows:
Il Will say that it is always pleasant
information to hear of an Individual
like Arthur Capper' verifying or swear
ing to matter of which he has no
knowledge whatever. In this particular
case it makes it no stronger than it
was before. So far as l am concerned
TT desires
time in reference to the charges brought
against the head of the department
and filed with you by Mr.. Arthur Cap
per- All that L ask is that you pro-
ceed in your own way and manner and
have a hearing upon the charges pre-
ferred by this Mr.. Arthur Capper,' and
then make your findings accordingly,
and, as 1 suggested in my cOmmunica-
tiOn last evening, 1 hope you will be
fair enough to state to this department
upon what particular evidence the find
ingS are sustained"
1t was nearly 10 o'clock the time set
for the hearing, when the governor re-
ceived McNan's last communication.
The governor said:
Il will give Mr.. McNaH one hour.
Then if he does not appear action will
be taken.' An hour elapsed, but Nc
Nall did not appear. At IL o'clock the
governor walked out into the reception
down at the stenographer's desk. He
called for the papers containing the
charges against McNan ana placed
them on the desk before him.
Where's Capper?" he inquired.
He has gone down town. came
from one of the reporters.
We'll, where's his representatives
said the governor.
j. A. Troutman walked into the room
at this juncture. Governor Stanley
said: DO you represent Capper?''
Il do, and we are ready to proceed"
said Troutman.
The governor then convened himself
as court, leaned back in his chair and
said:
There has been a good deal of cor
respOndence on this subject between the
two offices, the most of which has been
made public. 1 have here a copy of
charges filed against McNall, a copy of
which he has received. The hearing was
set down for 10 o'clock. McNan has
filed no answer but a long communica-
tion, which has also been published,
was sent to this office in which he
sought to justify certain acts of which
he is charged. The only real objection
to this hearing which he offers is that
he has had no time. He also refers to
certain affidavits in which he is labor
ing under a misrepresentation. No affi-
davits have been filed with me. Nothing
has been filed in this office except these
charges.
This morning I notified Mr.. McNall
that I would investigate these charges
and that he could have time TO make an
answer if he desired. To this he re-
mined to remove him and that if I re-
move him under the charges filed here
he will consider it a reward of merit"
The governor then read the two let
ters which were exchanged this morn
ing. He concluded by saying:
THE long communication is a TRADE
and a defiance of the powers of the
executive department of the state. Mr..
McNan stays away Had he presented
himself I would have given the charges
full and free investigation, but he
does not attend
The governor then read the portion
of McNalFs letter in which the superin-
tendent said that when his successor
was duly appointed and qualified he,
McNan, would vacate the office.
''Of course, cOnStrue this as a resig-
nation said the governor. picking up
a paper from the desk in front of him.
Il have decided to make the following
order"
The governor then read the document
which follows:
In the matter of the petition of Ar
thur Capper for the removal of Webb
McNall as commissioner of insurance
of the state of Kansas.
ORDER.
L tsOn this 11th day of March 1899, the
hour of 10 o'clock having arrived and