The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-21
City Attorney Called to Account
for Official Acts.
PAYS NO ATTENTION.
Dismisses Liquor Cases in Face
of Contrary Instructions.
Resolution Providing for In
vestigation Is Adopted.

Strained relations may result from
a Recommendation of Mayor Green
last evening asking for the appoint
ment of committee to investigate
the manner in which F. G. Dreaming,
city attorney, has been Diminishing city
cases. The council adopted the
recommendation Of the mayor and
handed the matter over to the mayor
in connection with the judiciary COM
mittee.
There have been several clashes be-
tween the city attorney and the mayor
previously over the way in which the
city attorney has settled with defend
ants in city cases, dismissing them
and accepting cash payments in lieu
of fine and Jail sentence. The city
attorney claims thar It is more
economical to the city in the long
run than to maintain the prosecution
to the end and run danger of a de-
feat. A large number of cases have
been handled in this way, cash pay
ments being made.
Mayor Green asserts that the man
dates of the district court to which
the cases were appealed have been
kept by the city attorney and not re-
turned to the chief of police and the
police judge, SO that the latter did not
know what disposition has been made
Of the appealed cases. Last fall this
point where the council at the request
Of the mayor instructed the city at
torney to dismiss no more cases ex-
cept as the mayor and council might
recommend. Since then the mayor
says he has been credibly informed
that the city attorney his disregarded
those instructions and is proceeding
on his own happy way regardless Of
the council The information came
from the Chief Of Police. Winfield
Eaton, though this does not appear in
the communication addressed to the
council.
Probably the latest instance to con-
tribute towards the renewal of HOSTILE
ties was the Art Kissinger case.
Kissinger, who was a drug clerk at
the Clarence Young drug store was
arrested charged with having sold
liquor illegally. He was tried and
found guilty. Jail sentence was
imposed and fine ana while the ap-
peal was pending the city attorney ar
ranged settlement with Kissinger
for 5000 and dismissed the case
against him. The chief Of police and
the mayor claimed that they did not
know anything of the arrangement
and had Kissinger rearrested. But
Kissinger was then released upon the
recommendation of the mayor and the
case dismissed. This took place on
Monday of last week.
Last October the council sent this
communication to the city attorney:
Mr.. F. G. Dreaming, city attorney.
Dear Sir: You are hereby notified to
| dismiss no cases in any court in which
the city of Topeka is plaintiff with
out the written consent Of the mayor
and council.
You are further directed that in
cases where the appeal from the po-
| lice court to the district court has
| been dismissed you will permit the
m a mr. tnG Of hn cfrio ,,,-% ~
transmitted from the district court to
the police court by the officials of
| the district court as the law directs;
| further that you will not interfere
| in any way with the collection of
fines imposed by the police court in
| district court and the appeals dis
| missed"
When the city attorney collects the
money he turns 1T over direct to the
city treasurer and then assumes the
! credit for the settlement while the
police officials think that the money
should be paid over to them and they
| be permitted to assume the credit for
| it's collection-this is another phase
of the same question.
In his recommendation to the
council last night the mayor said:
ITO the Honorable City Council:
| Gentlemen: Attached hereto is a
copy of council proceedings Of Oct
ober II, 1907, relative to Instructions
to the city attorney, in connection
Herewith I desire to advise that /
am credfb1y informed that the city
attorney has disregarded these in
structions in every particular. I would
| therefore suggest that in order that
no injustice may be done the city
attorney, and also that the dignity
of the mayor and council may be
maintained, that this matter be refer
red to a special or standing commit
| tee Of the council with directions to
investigate the facts and report their
findings to the council with such
recommendations as they may think
best. Respectfully submitted,
| ''WM. GREEN
The council spent lot of time
driveling over little childish matter
| of changing the roll call. The system
in use is for the councilmen to vote
| in alpha betical order and prior to that
it was based on the wards, the first
ward councilmen voting first and so on
down the list. Last evening a resolu-
ton was introduced by Councilman
present system to one based on sem
iority, the man oldest in point of SER
vice voting first. There was no great
outcry for change, Councilman
| Blakely, who heads the list under the
/ present system was willing to let II
| stand and did not ask for a revision
| but Councilman Jordan stated that
he understood Councilman Hughes
was conducting still hunt to place
it back on the ward system basis he
introduced a different resolution to kill
Hughes attempt. Some of the coun-
! cilnen voted for the change as a Joke
and others were for 1t in earnest and