The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-17
Grand Master Davies Holds
Conference With Governor.
fT BECOMES EXCITING.
Balie Waggener Retained in
the Case.
Plan Is to Have State Give
Property to Odd Fellows.

the use of the name of the state to the
grand lodge of Odd Fellows of Kansas
in bringing suit against Troutman &
Stone to get the now famous De Bois-
siere property away from them.
The concession was made today to
Conner Davies, of Concordia, grand
master of the Odd Fellows grand lodge,
who with the other chief officers of the
grand lodge have been delegated TO Sc
cure the restoration of the property
from Troutman & Stone.
The full details Of how the grand
lodge proposes to proceed is not known,
but the first step was the suit filed in
the Franklin county district court
few days ago to take the property from
Troutman & Stone under the alien land
law. The Odd Fellows grand lodge is
behind the action, although it is
brought in the name of the county at
torney. and it will be followed up by
other legal procedure.
B. P. Waggener, of Atchison, has
been employed by Grand Master Da-
vies and his associates to represent the
ODD Fellows in the action. and the Sc
curing of authority from Governor
Bailey to use the name of the state in
an action against Troutman & Stone is
another step in the proceedings.
Mr.. Davies, who is editor of the ODn-
cordia Kansan, is one of the leaders of
the revolt against Governor Bailey, and
he is booming E. W. Hoch for COVER
nor. Consequently his appearance in
the governors Office today created COM
ment. He spent considerable time in
conference with the governor. 1t is
stated that they did not talk politics
but devoted their discussion to the De
Boissiere matter Davies presented the
matter to the governor, and the COVER
nor agreed to give the grand lodge per-
mission to use the name of the state in
bringing its suits against Troutman 6
Stone. Davies will put his application
in the form of a written communica-
ton so as to make it a matter of record
The suit which has just been filed in
Franklin county is to take the property
for the state under the alien land law.
This law provides that no alien can in
herit property in Kansas When Vale
ton De Boissiere willed his big estate
in Franklin county to the Odd Fellows
of Kansas for an orphans home, his
only heir was his sister, and she lived
in France. When the Odd Fellows
grand lodge got into a squabble over
the management of the property, this
sister brought suit to recover it on the
ground that it was not being used as
directed by the will and on various
other technical grounds. Troutman &
Stone at length purchased her equity in
the property, and it was through this
purchased equity that the supreme court
gave them possession of the property a
few months ago, in the case in which
Justice Pollock rendered his now fa-
NOUS dissenting opinion. The Odd Fell
lIows now allege that Troutman & Stone
could not acquire title from De BoiS-
sieres sister. inasmuch as she was
an alien and therefore had no claim to
the property, though Troutnan & Stone
claim she was an American citizen
though she spent her latter days in
France.
The suit already brought in Franklin
county is in the name of the state and
it is probable that no authority was
necessary other than that of the coun<'
ty attorney Of Franklin county, but to
make sure Grand Master Davies deemed
it best to secure formal authority from
Governor Bailey to use the name of the
state.
The effect of the Franklin county suit
If successful, would be to give the pro-
perty to the state. A constitutional pro-
vision states that where there are no
heirs to an estate it shall go to the
state school fund. If the claim of
Troutman & Stone to the property is
set aside through the alien land law
the property would therefore go to the
state school fund. It is stated that one
plan is to then have the legislature pass
a law giving the property back to the
Odd Fellows, but as the provision con-
cerning unclaimed estates going to the
state school fund is in the constitution,
it is difficult to see how this could be
done.
Deputy Grand Master g. W. Ala
man, whose home is in Atchison, has
been in frequent conferences with
Bale Waggener, who has been retain
ed in the case. Together they have ex-
amined closely the history of the De
Boissiere estate as well as the state
laws bearing upon the disposition of
the estates of aliens. To Mr.. Allaman,
who was in Topeka Wednesday, Mr..
Waggener expressed the opinion that
the action brought in the name of the
state was a valid one and that one
similar to it in essential particulars
had once been successfully prosecuted
before the Kansas supreme court.
I'VE intend to build a fire under Mr..
Troutnaan. all right" said Grand Mas
ter Davies today I'VE believe that
the Odd Fellows orphans Of Kansas
are entitled to that property, and we
propose to get it for them if possible"