The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-13
MUST THEY TELL?
Authority of Assistant Attorney
General Questioned.
Has He q Right to Hold In
QUESTIONS.
A SUIT is BEGUN.
6. c. Clemens Asks For a Writ
OF Prohibition.
SUIT is BEGUN.
May Result i'm Test Of New In
QUESTION Law.

Late Thursday afternoon Waldo Cal
vim secured "a writ OF prohibition from
Judge Hazen, through his attorney, G.
c. Clemens, which is about the same as
a restraining order and prevents Assist
ant Attorney General AL. Redden from
forcing Calvin to testify before Redeem
under the liquor inquisition law
Calvin was summoned to appear be-
fore Judge Redden at $3.50 O'Clock Thurs
day afternoon. Calvin is employed at
the Santa Fe shops. Mr. Clemens ask
ed that the examination of Calvin by
Judge Redden be postponed until 4.SO
o'clock The postponement was grant
ed and Clemens Immediately prepared
petition asking for the writ OF prohibit
ton. It was necessary that the writ is
sue before the time for Calvin to testify
had expired. AT three minutes before
the time for Calvin to testify the writ
was issued by Judge Hazen and the
case set for hearing September IS
The bringing Of the writ Of prohibi-
ton means. most likely, that the liquor
inquIsitiOn law passed by the last leg
islature VIII be tested The case may go
to the supreme court for the final de-
cision. Clemens holds that the law is
not good There was a law that county
attorneys could compel persons to testi-
fy before them in regard to the sales
Of liquor and that upon the refusal of
attorney could commit them to Jail for
contempt The law was knocked out on
the ground that 1t gave the county at
torenys the power Of a court to send
man to Jail. The contention is made
that the present inquisitiOn law is sim
ply an amendment to the former law
and that it still gives judicial power
Clemens maintains that the law IS
meant for county attorneys to proceed
under and that assistant attorney gen
erals have no right to make use of the
power vested upon the county prosecu-
tors by that law.
There will likely be several points
raised if the case goes to the supreme
court Mr. Clemens says that Judge
Redden has not followed the law pro-
vided he has a. right to proceed under
its provisions and provided the law is
good Clemens says that Judge Redden
has examined witnesses and instead of
attaching their sworn statements to the
complaints against liquor sellers that
he has sworn to the complaints himself.
which IS contrary to the provisions OF
the law.
Several witnesses who have been
subpoenaed by Judge Redden have re-
fused to testify but the assistant attor~
ney general did not proceed against
them but allowed those who refused to
testify to follow their wishes If he
had commenced proceedings to compel
them to testify it would have immed-
lately brought the law into court
In speaking of the case Mr.. Clemens
said: "The main point is that the law
county attorney. and no law gives the
power to the assistant attorney general
This proceeding was made necessary
because Judge Redden would not put
the question in course of decision. Men
have diSObeyed his SubpOenas. but he
has had nobody arrested. He has
sworn to complaints and infOrmations
himself to avoid attaching the deposit
lions, as if he had attached them the
question would have been raised on
motion to quash- He has simply fright
ened tfmid people into tesdfy1ng and
has been very careful to avoid any de-
cision of his right. We have caught
him this time. and the question will
have to be decided"
"A writ of prohibition, such as G. G.
Clemens took out before Judge Hazen
for Waldo Calvin, is a rarity in legal
procedure Lawyers say that it is the
first time the writ was ever invoked IN
this state, with prospect of being push
ed to a conclusion Clemens took out
such "A writ himself some twenty years
ago in some musty case that has been
forgotten, but the action was settled
out of court.
Attorney General GODDARD sent for a
complete record Of the proceedings filed
in order to be thoroughly posted on the
case which calls into question the ac~
tons of his special assistant
General GODDARD said this morning.
AT first blush it does not look as if a.
writ of prohibition viii lie to prohibit
an officer from enforcing the prohibi-
tory law