The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-29
READY ON time,
Legal Reply OF State Journal to
Parties
Who Brought Suit for Forty
five Thousand Dollars
PROMPTLY FILED TODAY
The Date Set by the District
Court for Answer.
A Clean Cut History of the
COmanche County
FRAUDULENT BONDS,
Leading Up to the Recent In
iquitOuS Purchase
OF the Tainted Securities for
The Date Set by the District
Court for Answer.
A Clean Cut History of the
Comanche County
FRAUDULENT BONDS,
Leading Up to the Recent In
iquitous Purchase
OF the Tainted Securities for
Sacred School Fund.

In connection with the suits for s45.-
600 damages brought against Frank P.
MacLennan. editor and proprietor of
this paper. by c. c. Coleman. attorney
general. J. R. Burrow, secretary OF
state. I. l. Dayhofr, superintendent OF
public instruction. the court having
fixed this date for the defendants an
swer, the same was duly filed in the
office of the district court of Shawnee
county early this afternoon
As a matter of fact, there were three
answers filed. each answer being iden-
tical, to cover the three cases which
are practically one and the same case.
It is now up to Messrs. Coleman,
Burrow and Dayhoff, who allege they
desire prompt trial, to go before the
court and ask that the case be ad-
vanced for hearing in ample season be-
fore election
These three men are all candidates for
reelection.
There is the entire month of October
and full week in November preceding
eIection-day and if the court will grant
triaI of this case of state Importance
at an early date the State Journal will
be gratifed. the public be relieved of
some suspense and the candidates Sc
cure quick justice.
As the answer is clear and compre-
hensive, the reader is respectfully re-
ferred to it as follows:
IN THE DISTRICT COURT OF
SHAWNEE COUNTY. STATE OF
KANSAS.
C. c. Coleman. Plaintiff, VS.. Frank P.
MacLennan, Defendant
ANSWER
Comes now the defendant in the above
entitled action. and, for his answer to
the averments contained in plaintiffs
petition, says:
That prior to the year 1870 the legis-
Iature of Kansas created and defined
tNe boundaries of Sumner, Harper,
COmancne, Barbour, and other counties
out of the uninhabited portion of the
territory of Kansas
That Comanche county. thus created,
was out of that portion of Kansas west
of Barbour county, and north of and
adjoining the south line of the state of
Kansas, the altitude of which said
placed it beyond what was then and is
now known as the rain belt, and COM
posed of high bluffs. deep canons, and
table land. and, by reason of its altitude
and conformation, was unfit for agri-
culture. and of Indifferent worth as a
grazing country.
That in 1873 the Indians and hunters
were killing buffalo in the western part
of Sumner county. in Harper and Bar
bour counties. while COmanche county
was a wilderness without Inhabitants
of any kind or character save and ex-
cept buffalo. coyotes, wolves. prairie
dogs, owls, rattle snakes and occasional
bands of marauding Indians.
That in 1874 the Indians penetrated
the state of Kansas as far east as Bar
bour county on one OF their forayS, and
killed some cattle herders-tnere being
no white inhabitants west of Barbour
county
and others started in wagon from
Hutchinson. the nearest point on a rail-
way. to said Comanche county, and
some seventy-five miles therefrom,
taking with them a city directory of the
city Of St. Joseph, in the state of Mis-
souri,. and went to Comanche county
for the purpose of fraudulently organic
ing that county. and issuing and selling
its bonds fraudulently-
That il was necessary that it be shown
20 have two hundred and fifty house
holders to entitle it to organization.
That after the said A. ]. Mowry and
his confreres as aforesaid arrived in
Comanche county they proceeded to
take the census of that county by
WTlt1n2
in said directory so taken by them
from St Joseph. Mo. from which they
made a pretended census for said
county and presented the same to the
governor of the state of Kansas. by
means whereof an attempt was male
to organize said county of Comanche-
That at the same time, and as a
part of said fraudulent transaction.
the said A J. Mowry and his said
confreres in crime, all of whom were
of a number that one wagon furnished
accommodations therefor. pretended
to hold an election for county officers.
and vote bonds to build a county
court house. bridges. and for general
expenses of the county; at which cleo
tion it was pretended that the said A
J. Nowry was elected a member of the
legislature for that county for the en-
suing year when in fact and in truth
there was never any inhabitants and
residents of said county of Comanche.
and never was any election, or any
officers TO elect. or persons to fill them
during the year 1873, nor for many
years thereafter, and no such election
was ever held of any kind or char
acter.
That thereafter. in the year 1873.
the said Mowry and his co-conspira-
tors aforesaid pretended to issue the
bonds of said county and signed fcti-
dous names thereto as and for the