The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-09
MORE JUDD CHARGES.
Councilman Griley viii File a
Supplementary List.

"A list of supplemental charges is be-
ing prepared against City Physician
judd" said Councilman oJseph Griley
today. It expect to have a detailed
statement of Judd's financial record pre-
pared, which will be filed as one of the
Specifications of the case. Several people
have come to see me, for the purpose of
offering testimony against DR.. Judd. It
IS surprising how many people in Topeka
have been unable to get justice from his
department. I believe that we can make
which will convince the cOuncilmen who
are not already convinced, that he is not
the man to hold the position Of city
physician
Much interest now centers in how the
council will vote on the charges. 1t is
believed that a majority vote of the
council is all that is required to sustain
the charges, although some assert that
two-thirds is required. City Attorney
Spencer said today:
THE ordinance says that a majority
vote is required. If that ordinance has
not been repealed or changed, it is the
law. But I know that the general inn
preston has been that a two-thirds vote
was required to sustain charges. 1 have
not looked up the matter carefully, and
could not pass an opinion which would
be dnal-'
II a majority is required. it is believed
that the charges will be sustained
Several strong Republican members
Of the council are working against Judd
because they claim to have Mayor
Parker's pledge that he will appoint
Republican to Judds place. The Re
publican will be either DR.. H. H. Keith.
who has Councilman Weber's indorse-
ment, DR. H. B. Hogeboom, who has
Councilman Chaney's Endorsement, or
DR.. Frank Martin, who has no indorse-
ment from the Fourth ward councilmen.
All of these candidates are residents of
the Fourth ward. OF course the only
thing Jnat should be required is COM
potency Irrespective of politics.
The law requires the city attorney
to act as prosecutor in cases similar to
that of DR.. Judd. City Attorney Spen-
Ger says that he will not be able to act
in this capacity, because of the fact that
the district court will be in session be-
tween now and April p, when the hear
ing of the charges is set. City Attor-
ney Spencer and Councilman Griley
were in conference on this point this
morning, and Mr.. Spencer told Mr.. Girl
ley that he was willing the counciln en-
bringing the charges should appoint an
attorney to act as prosecutor.
TIE friends of DR.. Judd have attempt
ed to create the impression that it
would involve an expenditure of thou
sands of dollars to publish in the official
paper the proceedings of the investiga-
ton, and the full copy of the charges
filed against DR. Judd. To set this mat
day gave the following opinion to City
Clerk Sduires:
]. H Squires, City Clerk.
Dear Sir:-In my opinion. Sec. z of or
dinanee S34, requiring that all proceed
ingS of the council under said ordinance
IN reference to removing officers shall be
entered in full on the journal does not
make it necessary to record in full on
the journal the charges preferred
against DR.. Judd. This section refers
only to proceedings of the council The
charges should be fled only. It would
not be necessary to publish these
charges in the official report of the pro-
ceedings.
1t is clear that Sec. Z does not require
that everything done in a case of this
kind should be entered on the journal
The charge itself is not a part of the
proceedings of the council The pro-
cedeings of the council mean what the
council did. To my mind there is DO
more reason why the charges should be
entered in full on the journal than there
is that all the testimony taken should
be recorded. Yours truly,
CHAS. F. SPENCER.