The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-05
City Ex-Mayor viii Ask
for Dismissal of Case.
Ground Is He Is No LONGER an
Official.
CAN NOT BE OUsTED
He No Longer Has an Office to
Lose.
Attorney General Coleman Will
Oppose Action.

When the case of the state vs.. Mayor
W. W. Rose of Kansas City is called
Friday in the supreme court, it is ex-
pected tina Roses attorneys. c.. F..
Hutchings and E. S. McAnany. will
make a motion to dismiss. on the
ground that Rose is no longer mayor
and that therefore there is nothing to
GUST him from.
Attorney General Coleman announced
today that he would fight any effort to
dismiss the ase.
IF it is possible said Mr.. Coleman,
ito escape the penalty of the law for
m~alfeasance in office by merely resign
ing that office. it is time we knew it.
If the laws have such a serious defect,
we ought TO find it out
This idea Of resigning to escape
prosecution is a new one, and I am now
trying to develop it. I am not prepared
to say whether Mayor Rose can escape
responsibility for his actions by resign
ing. or what viii become of the suit
pending against him. I know. however,
that 1 shall resist a dismissal Of this
case. 1 do not care to express any
opinion on whether or not the case be
revived in case Mayor Rose is re-elect-
ed. OF course, in case a man is sued
OAA a LCNIt lax (@A D2-@RN
paying the note any time before judg-
ment is rendered. But whether that
rule can be applied to enable an officer
to escape responsibility for his official
misconduct is another question"
w. A. Simpson, of Kansas City, Kan.
who was here to see Governor Hoch
today, said:
This seems to be a bad season for
Roses. OF course there is a great deal
of talk about this resignation. but
nothing definite IS talked of in the way
of an opposition candidate. I suppose
that Rose will be r-enominated. I think
it IS very doubtful whether he people
of Kansas City will vote to vindicate
his action. The man I have heard talk
ed of most as a candidate against Rose
is Henry Stumpf. He is a mar who
can't be led around by any crowd. He
would be mayor"
Another candidate talked Of is John
T. Sims. h police judge who worked
under Mayor Rose. Sims is said to be
one of Roses crowd, so far as his at
titude on h joint matter Is cor
cerned. Sims. however is a ReDub-
lican. Attorney General Coleman, who
returned from Kansas City Thursday
night, said:
IT heard a good many people say
that unless the Republicans nominated
some very decent sort of a candidate.
they would vote for the retention of
Rose. I do not believe that Sims
would be a candidate of the sort de-
sired. Henry Stumpf 7 also heard
mentioned. but while he IS sadd to be
a very able and trustworthy he
is not as much of a soeechmaker as
Rose. and might not do as well in a
quick campaign"
Mr.. Coleman was asked whether
the report that County Attorney Glib
son might resign is true. He said:
IT had not heard this report. I
have seen nothing to indicate that he
was expecting to resign. We were to
resume the taking of testimony in his
case Wednesday. but his attorney
stated that he had misunderstood the
date. and so we postponed the hear
ing until Monday"
The facts Of the case seem to be
that the opposition to Rose at Kansas
City is not united. and that the
chances are strongly in favor of the
reelection of the man who is accused
of allowing the joints to run contrary
to law. The question viii therefore be
whether or not a man can be guilty
of misconduct in Office, and escape all
penalty for his acts by simply resign
ing, and being reelected by a syTnpa-
thetic constituency.