The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-11

the full period of one hour having been
granted the Hon. Webb McNall to an
swer- or give some reason for not an
Swering the petition of Arthur Capper
heretofore filed herein, and it appear
ing to me that the said Webb McNall
has had due notice of the filing of said
petition, and in writing has refused and
declined to make answer thereto and
has refused to make any denial of the
charges set out in said petition, but
having in writing declined to make any
such answer or denial am fully salts
fed from said petition and from the
communication of said McNal that the
charges set out in said petition are
true, and that he has violated the pro-
visions of section IL. chapter "a, of the
general statutes of Kansas of 1897.
Therefore, by virtue of the au-
thority in me vested by law, 1 hereby
formally remove from the office of COM
missioner of insurance of the state of
Kansas the said Webb McNall.
"W. E. STANLEY, Governor"
This ended the hearing, but Mr..
Troutman did not take part in it. He
did not say word after having told the
governor that he represented Mr.. Cap
per. And Mr.. Capper was not present
at the inquest. The hearing then ad-
journed and the Judgment of the court
was sent to Mr.. McNall in a, sealed en-
velope. The letter of transmittal to
McNall follows:
Topeka, March II, 1899.
Hon. Webb McNall, Commissioner of
Dear Sir: After having waited a
full hour-until IL o'clock formally
took up the matter Of the petition of
Arthur Capper for your removal as
commissioner of insurance for the state
of Kansas, in connection with your
several communications.
1.-The petition of Arthur Capper is not
denied. Even in your lengthy commun-
ication you make no denial or pretense
of denial of the several charges pre-
ferred against you.
In your first communication, in a
somewhat insolent and arrogant way,
you defy the authority of the governor
and put yourself in the attitude of ig-
noring the whole proceeding. You
now ask that special findings be made.
You are hardly in a position to ignore
this proceeding and defy the authority
of the executive, and still make this
request.
Upon the verified petition of Mr..
Capper, and your own communication
which is a practical admission of the
charges made and which does not pre-
tend to contain a denial. 1 have made
an order finding the charges to be true,
ard removing you from the Office of
which order herewith transmit to you.
Il will appoint your successor at once
and when he has given bond as pro-
vided by law and qualified, ne will take
charge of the office. Yours truly,
wv. E. STANLEY"
Private Secretary Allen carried the
document to the insurance department.
McNalI occupies a room adjoining the
one which is first entered. F. L. Van
degrift of the Star preceded Allen to
this door and said:
Mr.. Gar: A message to the czar
from the pope"
Let the pope's messenger enter"
said McNal.
Mr.. Allen then advanced to McNalPs
desk, deposited the communication in
his hands and hurried out. McNall
picked up the envelope, opened it and
took the one document it contained: :
opened it and looked at the signature.
''WeH,'' he said, ''this is peculiar. Mr..
Stanley does not sign this letter as gov
ernor so I guess he must have passed
upon the question as a lawyer
Mr.. Stanley was notified of the error,
but in the meantime service on McNall
had been completed by one of the
newspaper men handing him a copy of
the order of removal Mr.. Stanley
when informed of the error of omission,
quickly sent a copy of the order of re-
moval from his office to McNall and
the Incident closed.
Mr.. Church will take charge of the
office and Mr.. McNall will go out Tues
day or Wednesday of next week.
Mr.. Stanley acted as a judge of the
proceedings, attorney for the prosecu-
ton and was in reality the whole
thing"