The Topeka state journal., 1906-05-15
ROSE CASE IS UP.
Cited for Contempt of the
Supreme Court.
lie Must Appear in Topeka on
June 4.
lie MAY HOLD OFFICE.
But 1t Will Be at His Own
Peril.
Chief Justice Johnston Makes
the Order Today.
lie MAY HOLD OFFICE.

Chief Justice W. A johnston loueS
issued a citation for contempt against
Mayor W. W. Rose OF Kansas CITY re-
quiring him to appear before the su-
preme court on June and sno"
cause why he should not be punls1eo
Tor contempt of court
The order has been sent to Kansas
City to ]. W. Dowdell marshal Oh tne
court appointed during the taking OF
testimony In the Rose custer suit MT
Dowdeu will serve the papers on
Mayor Rose.
The order does not prevent Mayor
Rose from holding his Office up to
June 4, but he holds it at his peril If
he is able to convince the court that
he is within his rights in holding the
ofHce. he will escape punishment, but
if not, the court is likely to infiict
severe penalty upon him for his dis
obedience.
The citation is as follows.
"And now it appearing TO the un-
dersigned hereupon the statement
and affidavit of the relator that the
said defendant, W. W. Rose has failed,
refused and neglected to comply with.
obey, and observe the order and judg-
ment of this court rendered and passed
in said cause on the 9Th day of April.
1906, and also that the said defendant
in violation and defiance of said judg-
ment of this court has intruded him
self into and usurped the Office of
mayor of Kansas City. in Wyandotte
county, state of Kansas. and is hereby
ment.
1T is ordered that the said defend
ant. w. w Rose be notified and in
slructed by service upon him of the
attached copy of this order in the
hands Of J. w DowdeII, special mar
shall of this court in this cause. to be
and appear before this court on Mon
day the 4th day Of June. 1906. at $3.50
O'Clock a. m, then and there to show
cause If any he have why in default
of his purging himself of his said con
tempt an attachment should not issue
out Of this court against him, the
said w. w Rose as for a contempt OF
this court as well as on account of a
disobedience and disregard of said
judgment as for an unlawful and
wrongful intrusion into and usurpa-
tion of the said Office of the mayor of
Kansas City, Kas-, in violation of said
judgment
Done in my chambers at the state
capitol, this 14th day of May, 1906
."W. A. JOHNSTON,
Chief Justice of the Supreme Court"
There was a special session of the
court held this morning in Chief
Justice Johnston s GHa 0D6rS. at which
Attorney General Coleman appeared,
and presented to the Justices his ar
guments in favor Of the citation
After listening to the argument the
justices agreed that Chief Justice
Johnston should issue the order of
citation
The citation Of the court is dated
May IA. because it was the intention
of Attorney General Coleman. who
drew up the papers. that the docu-
aF1r 30 -
justices, however desired to have the
matter more fully presented to them.
and the consideration and final adop-
tion of the order was postponed until
this morning
Coleman Started Proceedings.
Attorney General Coleman hled in
the supreme court Monday afternoon
the necessary afIidavits and papers in
the Rose case, and the court took the
matter under Amusement for the time
MI Coleman's application and affida-
Wits are that Mayor Rose he cited for
contempt, and be again ousted from
ONCE and punished for his disObedience
OF the former order of the court Mr.
Coleman asks that Mayor Rose be re-
uuired to answer to the charge and ex-
plain why he should rot be punished for
contempt on June 4, the first day of the
June sitting of the court
The following is Mr.. Coleman's afhda-
Wit:
&C c. Coleman saws thar he is the
duly and legally elected. qualified and
acting attorney general of the state of
Kansas; that the above action was
prosecuted by the said aHant as ra1afC7-
against the defendant to oi1st and re
move the said defendant from the Of
flee OF mayor of the city Of Kansas
city. IN Wyandotte county Kansas. to
Wulch the SAID defendant had heen
elected for the term Of two years ending
on the l2th day of April. 1907 and Of
oeclaflng and adJudging the said W. W
RoSe 20 nave forfeited his said Office on
the grounds that bv his acts. NAL
feasances and defaults in off1ce he tta
SAID W. W. Rose. had forfeited the said
office and all the honors. powers. rrfI-i
teses aha eLnoiuments accruing to him
py virtue or his election thereto. that
on the bth day of April 1905 the said
court, having full Jurisdiction Of fhe
subject matter of said action and of rfa
person OF the said defendant at its reg
ulah slttlng ana IN open session rem
oered its judgment in said action in
say: -
wherefore. It is considered. ordered
ana adJucged that the said defendant
~ and he is hereby ousted from said
onice and that he do not in anv ss-fse
hereafter intermeddIe with. nor in me
said o1ice OF mayor from hencsforfh
nor IN the liberties, privileges fra n o1,.ses
and emoluments thereof and that he ~
henceforth for and during the renain-
der Of said term of two years u-b,Ii,,
excluded, and forejudged from exercis-
Ing and using the same and every one
them. and be wholly excluded and o,,st-
ed from and disqualified from holFi,.
said omice, and from concerning hf4r7ssIe
in any wise ir ana about the holding of
or exercising the said office of n7ay9r
of Kansas City, Kansas. and from -
ercising the powers and receiving fba
eIiloiuTnents thereof for and during the
term for which he was elected as afora-
said.
1T is further ordered and aajadxea