The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-15
Contest Over the Treasurership
of Finney County.
Supreme Court Gives HI. V.
Lawrence Till October 25.
OR GET OUT.
incumbent a Democrat, Con-
testOr a Republican.
Major Harvey Claims Wrong
Method Is Used.

The supreme court on Monday after
noon granted an alternative writ of
mandamus directed tc H. V. Lawrence,
Democrat, the retiring county treasurer
OF t1nney county. who refuses to retire,
requiring MIN to either get out of office
by October 25, or come into court and
tell why ne won't. The rival claimant
to the office is A. c. Wheeler, but it is
The county commissioners who are
fighting the battle to oust Lawrence
from office.
1t is rather unusual to oust a public
H'claI by mandamus. Ordinarily a quo
Warranto suit is brought. The present
case, however. is not intended to settle
the merits of the controversy between
Lawrence and Wheeler but is merely
intended to compel Lawrence TO hand
over the books, papers, moneys ana
paraphernalia of the job to Wheeler
pending the trial Of the 10 Wsuit already
pending in the court which involves the
ute TO the office. The action for man i.
oatnus is based on the ground that tn :
contest court and the district court
nave each decided that Wheeler was
legally elected, and that no stay on this
Judgment has been granted by the su-
pIeine court or no bond filed Hence
When october came around and the
IIIlIe @ Tor turning over the office to
Wneeier nad arrived, it is clain1de that
the Judgment of the lower court became
effective.
lawrence, however, hung to the office
with grim discrimination, and the aoltn
~ commissioners and county attorney
are trying to put him out of possession
county Attorney Edgar Roberts of
E12ney county came to Topeka today.
daccohIpanled by q. L. Miller of Garden
CIly, ana tnAso tWo appeared before the
court on behalf OF Wheeler. A. H. He's
klnTon, the attorney for Lawrence. was
SICK and unable to come but he teIe-
graphed Major A. NJ Harvey of this
city, and Major Harvey appeared for
Lawrence.
The attorneys for Wheeler asked that
the court grant peremptory writ, di-
recting Lnwrcnce to give ur the office,
but Major Harvey objected to this,
though he stated that he was willing
the case should be speedily heard.
Major Harvey also questioned the
method of ousting a county official by
mandamus.
''Mandamus," he said, usually is re-
sorted to for the purpose of compelling
an official to perform some regular duty
which he refuses to perform. AS un-
derstard it, they don't consider it a
mans duty to turn over any office out
IN Finney county,
1--WE don't ask him to turn over the
Office said Mr.. Miller, "all we want is
the money, and the treasurer's books.
The business of the county is being SER
iously interftred with
The court after hearing the argu-
ments, announced that Mr.. Lawrence
should have until October 25 to answer,
and that :he final hearing of the appli-
cation would be set for the November
term OF court.
very important school land case is
to be heard this week in the district
Attorney General John Dawson has
gone to Cove county to represent the
state.
The case is that of the State VS..
George K. Spencer. In 1885 Spencer
purchased a half section of school
land, paying one-tenth of the purchase
price. After few years he defauIted
in his payments, and the land was ir-
years, it was resold, and patented to a
subsequent purchaser Since then the
remarkable rise in land values made it
an object to Spencer to reinstate his
interest in the land, if possible. Ac-
cordingly he set up the claim that his
title had been illegally forfeited, and
brought mandamus proceedings to
compel the county treasurer TO accept
court sustained this contention. and
granted the writ of mandamus. How
ever, instead of prof1ting by this judg.
ment, and paying the money due, Spen-
Ger proceeded TO Str1ke up d QeaI Win
the new purchaser. and bought of hjca
the new title, which the supreme court,
on Spencer's complaint, had found to
be worthless, and since then has pre-
tended to hold title under this new
certificate" He did this because it was
cheaper than payinfi up under his old
certificate, and as he himself held the
old certificate, there was not likely to
be any trouble arising from that source.
Attorney General Coleman, in his
last report, says of the action of Spen-
Ger: "Such practice can not be too
severely condemned. 1t borders closely
on trifiing with the court. So far as
known this question has never been
settled in Kansas, and some important
features of the school law will be set
tied