The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-09
.BAILEYTELLS WHY
Explains His Action in the
DE Boissiere Case.
Did hot Know Suit Was to Be
Commenced.
USE OF STATES NAME.
Given on Request of Odd Fell
Icws and County Attorney.
Action Was Without Malice
Toward Any One.

fight Governor Bailey In every con-
ceivable way are trying to make polit-
ical capital against him because Of his
action IN allowing the Odd Fellows the
use of the name of the state in bringing
suit against Troutman 6s Stone over
the De Botssiere property. Headed by
Kansas City paper. they are trying to
make out that Governor Bailey himself
instigated the action.
The case will now be heard In Usage
county since its transfer from Frank
lin county.
Some of the statements made about
the matter are so grossly misleading
that Governor Bailey today gave out
the following statement:
THE charges that are being made by
certain newspapers that I am respon-
sible for bringing the suit against
Messrs TroutInan and Stone to dispos-
sess them of the De Boissiere land is
absolutely without foundation. did
not know that such a suit was even
contemplated until I was called upon
by the grand master and the deputy
grand master and the secretary of the
grand lodge of the Independent Order Of
Odd Fellows of our state, when they in
formed me that such a suit had been
begun by Walter Pleasant, county at
torney of Franklin county, and at the
time of this interview informed me that
they, by the authority OF the grand
lodge, had employed B. P. Waggener to
look after their interests in this case,
and at the same time requested me to
clothe Mr.. Waggener with the power of
the state to assist the county attorney
of Franklin county in the trial of the
case. About the same time I received
a request from the honorable county at
torney of Franklin county that he de-
sired to have Mr.. Waggener assist him
in the trial of the case was assured
by these gentlemen that certain facts
at issue were not properly before the
supreme court and they felt that it
should be properly adjudicated. 1 took
the matter under advisement and after
a consultation with the attorney gen
eral and with hissfull approval. sub
mitted to Conner L. Davies, grand mas
ter, and to B. p. Waggener, the follow
1 ing letters:
Topeka, Dec. 49, 1903
Mr.. Conner T. Davies, Grand Master of
the Grand Lodge of Kansas, I. o. o.
F., Concordia, Kas.:
My Dear Sir-I am in receipt of your
| letter of the 18th i1fet. in which you,
as the representative of the Odd Fell
| lows of this state, petition to have Hon
| B. P. Waggener appointed to assist the
state in the prosecution of the case in
| stituted in the district court Of Frank
lin county by Hon. Walter Pleasant
county attorney of said county, for the
possession of the Odd Fellows Orphans
Home and Industrial School. I am also
in receipt of a communication from Mr..
Pleasant making the same request.
After consultation with the attorney
general and after due deliberation and
consideration, I believe that the inter-
ests of the state justify me in granting
your request and that of the county at
torney of Franklin county. l believe
that no injustice can come to anyone
in thorough trial and adjudication
of this matter and that justice may be
meted out and the states interests be
protected is the reason for my action
| in this matter. Yours truly,
w T. BAILEY
Topeka. Dec. 20, 1908.
Hon. B. P. Waggener, Atchison, Kas.:
My Dear Sir-I am informed by the
grand master and deputy grand master
of the grand lodge 1. o. o. F. of the
state that you have been retained by
them to look after the interest of the
Odd Fellows of the state in what is
known as the De Boissiere land, in
Franklin county, Kansas. am also
advised that Hon. Waltet- Pleasant.
county attorney of Franklin county
has instituted suit in the name of
the state of Kansas against Troutman
& Stone to recover said land, and have
| the same declared to be the property
of the state of Kansas, and has ex-
pressed a desire to have you associated
| with him in such litigation.
| I feel that the state is sufficiently in
terested in this proceeding to justify
me in complying with the request of
the county attorney, and you are here
| by authorized to appear on behalf of
the state and assist in all such pro-
ceedings in any court in which the
same may be pending. The authority
hereby conferred does not guarantee or
imply any promise for compensation on
the part of the state, it being my in
tention to leave the question of your
compensation entirely with the legis-
lature, the same to be passed upon and
fixed by that body on such terms and
conditions as a full investigation of all
the facts and circumstances attending
this case may disclose to be just and
! proper. Yours very truly.
W. J. BAILEY.
I'm taking this action, was guided
by what seemed to me to be a just re-
quest upon the part of both the county
attorney and the representatives of the
| Odd Fellows of our state and 1t carried
malice toward no one"