The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-09-17

GODDARD REFUSES.
Won't Proceed to Gust Mayor
Albert Parker.
Says That Case Is Not One for
Him.
IN DISTRICT COURT.
Points Out That 1t Should Be
Commenced There.
Says That Mayor Parker Is
Violating Law.
In DISTRICT COURT.

Attorney General GODDARD has exam
ined tie evidence submitted to him by
the parties who are seeking to oust
Mayor Parker from office, and this
afternoon rendered his decision TO take
no action in the matter.
He gives two reasons for this refusal
One is that there is no evidence TO
prove tl.at Mayor Parker has never m
formed County Attorney Nichols of vio-
lations of the prohibitory law, and
neither Nichols nor Parker can be com
PEELED to testify on the subject The
other is that an action in the supreme
court could not be decided until Marcf,
1t the very least. which would be only
one month before the expiration OF
Mayor Parker's term of office.
Mr.. GODDARD also brings out the point
that a prosecution of the mayor for not
notifying the county attorney of viola
tions of the law would have to be
brought in the district court In fol-
NAL statement of his decision in the
matter this afternoon Mr. GODDARD says:
Il have been asked to bring an action
of quo warranto in the supreme court
to GUST Mayor Parker from office That
court has no power to render judg-
ment of custer, except in pursuance OF
a statute authorizing it. That tribunal
does not have the power to oust man
from the office because in the Judgment
of the court he ought no longer to be
the head of the city government
THE law makes it the duty of the
mayor to be active and vigilant in the
enforcement of all laws and ordinances
for the government of the city, and pro-
vides that for failure to do so he shall
be deemed guilty of misdemeanor III
office for which he may be convicted
in court of competent jurisdiction and
the court rendering judgment of convic-
ton shall make an order removing him
from Office.
BY another statute it is provided
that every officer holding trust or
appointment who shall be convicted of
NJ aiG1n md Iaf
office shall receive certain punishment
and shall as result of such conviction
forfeit his office.
BY the provisions of the prohibitory
law it is made the duty of the mayor to
notify the county attorney of any viola
ton of the prohibitory law which comes
to his notice. For failure to so notify
the county attorney the mayor may be
convicted of a misdemeanor, or he may
be removed from office by civil action
Criminal cases cannot originate In
the supreme court, but 1T has original
jurisdiction of civil case to remove
officers. No action can be commenced
in that court to remove Mayor Parker
from his office under our present stat
utes. unless be has first been convicted
of some offenSe whereby he has forfeited
his right to the office, except that an ac-
tion may be commenced against him tc
GUST him from office for failure to re-.
port to the county attorney facts con-
cernirg the violation of the prohibitory
law which have come to his knowledge.
In order to remove Mayor Parker from
office in a case of this kind it will be
necessary to prove first, that he has
had knowledge of violations of the pro-
hibitory law. and second. that he has
failed to impart that information to tee
county attorney of Shawnee county.
"I have been furnished with affidavits
clearly showing that Mayor Parker is
acquainted with the fact that the pro-
hibitory law is being violated in To-
peka, but not showing that he has
L. rIfSrlr lrrxy
been furnished with any testimony to
the effect that he has not notified the
county attorney. I do not know. and
have no means of ascertaining, whether
or not he has given such notice l can
only conjecture what his actions have
been in that respect, judging from his
attitude toward the enforcement of the
law since he has been in Office. 1 do
not know how it will be possible for me
to secure evidence to prove that no such
informa ton has been given, as both the
mayor and the county attorney may
legally refuse to testify upon this sub
ject upon the ground that their testi-
nlony might criminate them. With the
Information which now possess / have
absolutely no testimony and no means
of obtaining any upon the most i'm
portant eature of TIE whole case.
Should commence an action of quo
warranto against the mayor at this
time the issues cannot possibly be
framed until shortly before the No
that time the dockets of the court will
be made up and it work mapped out
for the two succeeding terms of De-
cember and January. Hence. the case
cannot be tried before the February
sitting of the court and that body can
not be expected to advance it to herr
ing earlier than that and a decision
cannot be expected until the March sit
ting of the court, one month before the
spring election if the case goes with
fnh in the rrncaedinoS
Il am, therefore. forced to the con-
clusion that with the inadequacy of the
evidence offered me, and on account of
the delay which the law necessarily al
lows In such cases. it is not my duty
to bring this action against Mayor Par
ker.
"The affidavits which have been SUBJ
mitted to me indicate that he is pur-
suing course which is in violation of
law and is abhorrent to the aw-abiding
people of this city. and if these state
ments are true he should be prosecu-
ted not for failure te notify another Of
ficer of these wrongs but for himself
conniving and consenting to their COM
mission. Such prosecutions are. how
ever, outside of the jurisdiction of the
supreme court and should be brought in
the district court and by the proper Of
fcer"
The evidence presented to Mr.. GODDARD
was in the form of affidavits and was
intended to prove that Mayor Parker
knows of the violation of the prohibitory
law i'll Topeka and is in sympathy with
it, and that he has not obeyed the law
which says the mayor among other
officials named, shall give notice to the
county attorney when he knows of the
violation of the law and if he fails to do
so that he shall be fined and forfeit his
office.
One of the chief af1idavits was one by
H. M Steele. formerly chief Of police
under the Leedyr adn1 n1nistratfon when
he a,
ropolitan police. which in turn selected
the police force. Steele is Democrat