The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-08
COLEMAN FILES SUIT.
would Compel Clerk to Recognize As
sistant Attorney General.

To sustain the action Of George II.
Stuessi, assistant attorney general, ap-
pointed for Crawford county. Attorney
General Coleman this morning fled a
mandamus suit in the supreme court
to compel c. E. Woodbury., clerk of the
Crawford county court, to file duly
verified petitions in liquor cases which
may be presented by Mr.. Stuessi as at
torney general
The charge is made that on February
II, Mr.. Stuessi presented to Mr.. Wood
bury for filing a petition charging Peter
Esch and Herbert Mousney with selling
liquor contrary to law and asking for
an injunction against them.
Mr.. Woodbury. refused to file this pc
titiOn, on the ground that Arthur Full
Ter, judge of the newly created Craw-
ford county district court had held thai
under the law, the assistant attorney
generals have no authority to file petit
ttons, as the law does not specify as
sistant attorney generals among those
entitled to do so.
There is already one suit pending in
the supreme court to test the authority
of Arthur Fuller to act as judge in
Crawford county 1t is contended by
the NJ. K. & T. railroad that Fuller's
appointment is invalid for the reason
that the bill providing for the organiza-
tion of Crawford county as a separate
judicial district did not receive the nee
essary tWo-thirds vote in the house u
representatives, where 1t was passed in
of attack upon the action of Clerk of
Court Woodbury., one on the ground
that Fuller had no right to make any
decision a all, and one on the ground
that the decision was itself erroneous.
c. A. Fisher, member of the last leg
isIature from Crawford county, was in
Topeka today to present to the COVER
boy named Hayes who was sent to the
penitentiary for killing man in a
fight.
Il had not heard Of this action of
the attorney general, said DR.. Fisher,
nor did I know that Woodbury. had
refused to file any papers for the as
sistant attorney general The county
commissi oners instructed Woodbury. to
file any papers that We're accompanied
by the necessary cash, and for that
reason I cant understand the reason
for Woodbury's action.
ssThe situation down there in our
county is very bad, IS things keen on
going this way tn sss party viii be split
wide open Our 5000 Republican ma
jority will vanish away. I wish Cover
nor Hoeh would let UP on this busi-
| ness and take that assistant attorney
/ general out of there. He cant do any
| good We have always had our way OF
/ handling the joints. They were not
allowed to run all right. nor on Sun
days. Right here in Topeka the joint:
are worse than they are with US. Here
! they are open day and night, Sundays
and every other day. I don't know
what viii happen to US politically il
this trouble is kept up.
mo, I'm not going to come back to
/ the legislature. I am tired of sitting
there right under the whip, and doing
nothing for the state. If I could be q
free lance like some Of the members Il
would not be so bad, but I can't. A:
/ a matter Of fact. the members Of the
/ house who live In counties where state
institutions are located can not be
worth anything to the state. They
have to vote for every fool bill thai
| comes along, whether they want to OF
not. I'm tired of being in that posi-
ton"