The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-09-06
ROSE STEPS OUT.
Long Fight in Kansas City
Comes to End.
VIII Formally Resign Ohce OF
MayOr Tonight.
DROP ALL THE CASES.
Appeal in q. s. Supreme Court
Also Ends.
Agrees to Pay the $1,000 Con-
tempt Fine.
DROP ALL THE CASES.

william w. Rose will resign as
mayor OF Kansas City, Kan. some liiile
4odsv. and will no longer attempt -
S,ola tbe office. He will pay the Sl'Ooo
ened assessed against him by tne
Kansas supreme court, and all con
4empt proceedings against him VIII De
dismissed.
vernon ]. Rose, chief of police ana
John f. Kelly. police captain, wll re-
tsign their respective offices to Mayor
Rose today, prior to the mayors reslg-
nation
Tbis Is the substance of the stipula-
ton entered into and filed this morn
ing between c. c. Coleman, attorney
general for the state, and John H At
wood and Nathan Cree, attorneys for
Rose. and concurred in by Chief Jus
tice Johnston and Justice Greene, VINO
are the only members Of the supreme
court at present in town.
It ends the long fight made by Mayor
Rose to retain his Office in spite of
court proceedings, and is a complete
victory for the state. Rose is down
and out, and with him are Vernon Rose
and Jonn Kelly, the two men who
were his active agents in the licensed
saloon policy which Mayor Rose open
ly espOused-
The following is the stipulation filed
with the Kansas supreme court this
with the consent and knowledge Of
the court IL IS hereby stipulated and
agreed between the parties to the
above entitled actions as follows, to
.First-That the defendant, w w.
Rose, win forthwith vacate, surrender
and resign the office of mayor of KAN
sas City, Kan; that said defendant
frrFhxYrifh
surrender and resign the Office of chief
of police of Kansas City kan; and
that the defendant John T. Kelly, Will
forthwith surrender, vaeate and resign
the Office Of captain of police of the
said city. said designations Of chief and
captain of police to be presented to
the said W. w. Rose as mayor on
Sept. g. 1906, and said resignation Of
the said W w. Rose as mayor to be
rendered to the city council at a special
meeting thereof to be called and held
on Sept. 6, 1905, or as soon thereafter
as such special session can be con-
vened. The said defendant W. W.
Rose hereby agrees to make a call for
the same on Thursday, Sept. 6, 1906.
'Second-The said defendants shall
pay and they hereby agree to pay all
proper costs accrued and taxed in the
said two contempt proceedings now
pending in this court including the
clerks costs, Justices costs, witness
fees, and the fees of the officer for
serving the SQDpOGldSs lNe total
amount of said costs so to be taxed
and paid being s
tThird-It is agreed by the plaintiff
that in consideration of the foregoing
stipulation and the performance of the
same that the two above entitled pro-
ceedings in contempt in this court shall
be dismissed on the first day of the Oc-
tOber term 1906, of this court. In
further consideration of the above
and foregoing agreements it is stipu-
lated that further r,r7
the part of the state Of Kansas shall
be instituted against the said three de-
fendauts or either of them, on account
of any alleged contempt Of the judg-
ments of this court rendered in these
actions for or on account of any acts
or omissions of the said defendants
committed or done prior to this date
THE sanction of the court to this
stipulation rests upon the statement
here made by the said defendants
through their counsel that the acts
charged as contempt were done by
them in good faith and In the honest
belief that they were in the exercise of
Their lawful rights, and without any
purpose or intention to do anything
disrespectful to the court or in con-
tempt of its judgment
&C. C. COLEMAN.
Attorney General and Attorney for
Plaintiff.
NATHAN CREE.
JOHN H ATWOOD.
attorneys IOT Defendants
1T is estimated that the costs in the
various custer and contempt proceed
1ngs against Mayor Rose will amount
to about $780, 50 the totsS expense of
fighting the case has been heavy on
Rose.
The conference which resulted in the
drafting OF the stipulation was held in
Topeka Wednesday evening. Mr. Cole
man, Mr. Atwood. Mr.. Cree and Jus-
uees Johnston and Green were present
Mr- Atwood stated that his client was
ready to quit, and that in order to avoid
multiplicity of contempt proceedings
he would dismiss his appeal of the first
contempt case which is now in the s1l-
preme court of the United States. and
pay the $1,000 fine and costs He also
stated that Mr.. Rose was ready to re-
sign IN good faith, and commit no fur
Iher acts which might be construed rs
be In contempt of the writ of custer is
sued by the supreme court
In consideration of this proposition.
attorney General Coleman agreed to
fngs.
The justices Of the supreme court in
slsted that the stipulation include a
sleclnc declaration that the action OF
IT rose IN taking the office of mayor
N ac1ance Of the writ of custer was not
intended as an act of disrespect to ths
court, and this was done
Nothlng was put IN the stipulation
ABOUT Ine dismissal of the appeal in the
supreme court of the United states Fo~
the reason that it was considered mai
this was matter resting with the ius-
fice OF that court. 1t was the verbal
agreement, however that the attorneys
Tor Rose should present their applica
sloH LOT dismissal when the supreme
court of the United States convenes
The office Of mayor Of Kansas C,itvr
VII fan to Joseph Laughlin. president
q the city council and an anti-Rose
democrat Mr. Laughlin win probably
Ae ollioe TINS evening He viii ap-