The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-17
ON HIS SHOULDERS.
Attorney General GODDARD Blames No
One Else for His Opinion.

The decision of the supreme court is
the universal topic of discussion among
Topeka attorneys and many others in
Topeka today.
Attorney General GODDARD was seen at
his private office in the state house to-
day, but he refused to say anything
about the decision directly. Il was re-
SpOnSible for the opinion which l gave
and 1 have no desire to shift any part
of the responsibility on to anyone else.
/ felt that 1 was doing the safe thing,
cept the results. There is nothing in
any report that I was Influenced in my
opinion by anyone.
Il felt that 1 was doing right when
I advised the auditor not to pay the
claims, and 1 still think so. A protest
had been entered on the journal of the
house, many lawyers in the state had
raised a question about the legality of
the session and newspapers all over the
country were raising the same ques-
ton.
when the question was submitted to
me gave the auditor the same kind of
advice l would give to a client. I would
tell a client who had a, doubtful debt
not to pay the claim until the courts
had passed upon the validity of the OBJ
legation, and I did the same thing in
this matter. There was a question, and
a serious one, in my mind about the
legality of the session, and I simply did
what I considered the safe thing.
Il felt that there were very serious
doubts regarding the validity of the
session. If had advised the allowance
of these claims and the courts should
have subsequently held the session il
legal L would have been subjected to
more severe and more just criticism
than that made upon the course L
adopted.
1T has been claimed that I said that
the special session was not legal; that
is a mistake. There was no such thing
in my opinion. 1 covered the same
ground that was covered in the protest
ton which the courts should decide, and
that was ALL
Were you surprised at the decision
of the supreme court?'
THAT is a matter 1 do not care to
discuss. I will not say whether L was
surprised or not
1t has been rumored that the opinion
of Attorney General GODDARD was the
result of caucus of Republicans in
which the question was discussed.
The decision of the supreme court is
being universally commended by at
torneys in Topeka. When Judge Hazen
decided the question it was taken for
granted that the decision of the supreme
court would follow similar lines, because
he is known as a. careful, conservative
judicial officer and his investigation of
the case was thorough.
A Republican attorney said today: 81
blame the auditor more than Mr. God
ard. When state auditor who is
simply a ministerial officer presumeS to
question the legality of laws passed by
a legislature think it places that Off
cial in a most astounding position. My
opinion is, however, that Mr.. GODDARD
made mistake in giving any opinion
in the matter. He might have grace
fully said that there was a serious ques-
ton involved and he would leave it for
the courts to decide"
G. c. Clemens, attorney, who was OPP
posed to Mr.. GODDARD in the case, said
Il rejoice that the supreme court has
refused to unsettle the foundations of
government by the people and has
recognized that over both courts and
governors sits one OmnipOtent court of
appeals-the people themselves. L am
proud of the lawyers of Kansas who
have shown that when constitutional
liberty is menaced craftsmanship is for
gotten and the bar is ready to rally to
the cause of the people. The argument
presented for the attorney general was
clever. I have never in my thirty tenn
peStuouS years at the bar read more
ingenious brief. But it rested upon the
proposition that because the courts
have usurped so much power there is no
logical stopping place for them and
they should seize upon all of the gov
eminent. Our supreme court has de-
clined the invitation and every citizen
should thank heaven for it.
1.-The attorney general meant well.
He did not know it was loaded. He
was a victim of misplaced confidence.
He supposed the procession would stay
by him. He had no reason to suppose
that every mothers son of them would
leave the street and get on the sidewalk
the moment the leader fired his first
rocket What could Aguinaldo do if
every Filipino should go home and leave
their leader to his fate? The attorney
general will never make this same mis-
take again. That, L think, can be de-
pended upon
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