The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-25
STUBS SUIT FILED
Governor Begins Action Against
Attorney General.
Would Force Him to Summon
Topeka Writer.
TELL WHAT HE KNOWS
Claims He Saw Liquor Sold
Openly in Kansas.
Case Will Be Heard in Thirty
Days.
TELL WHAT He KNOWS

The governor today through ms at
torney. Sam d. Bishop, mayor OF
Lawrence. filed the much talked OF
and long expected mandamus suit IN
the supreme court against Attorney
General John s. Dawson. While lhe
text of the papers in this suit do not
set forth any new matters in connec-
tion with the controversy yet they
contain the gist Of the governors ar
Eument as to why j. E. House, should
be compelled by the attorney general
to appear at an inquisition and tell
what he knows about violations OIL the
prOhibitory law in Kansas.
House writes weekly letters TO
newspapers over the state. In lcl-
ter sent to this syndicate of papers
a few weeks ago. Mr.. House referred
TO the fact that he had been present
in a club in this state. where peer
was served over a bar shortly al
ter the publication of TINS lelter'
which appeared over MI House sig
nature, the governor wrote to the at
forney general and demanded that ne
subpoena Mr.. House to tell what he
knew of these alleged law violations
The attorney general refused to 90 so.
The governor repeated the request
and was again denied. The governor
threatened to bring mandamus sun,
hut the threat had no effect on the
attorney general who persisted IN ms
refusal. The mandamus papers Illed
today comprise the governors answer
to this defiance of the attorney gen
erai.
In his argument to the supreme
court the governor declares that
nevertheless the attorney general
has unjustly refused to furnish the
said w. r. Stubbs a copy Of all COM
munications receive by him from one
J. +. House, resident OF shawnee
COUNTY respecting the violations OF
J. tI,e4 11v Yf
he has unjustly refused as attorney
general to speedily take such steps as
are necessary ans institute and prose
cute a proceeding to compel the at
tendance Of the said J. L. House be-
fore him as attorney general or pc
fore soma. Justice Of the peace, and
then and there require the said House
10 answer under oath any ana al
questions that may be propOundeu 10
him touching his knowledge respect
ing the said violations of the law IN
this state, and further that the attor-
nev general unjustly refuses to 1Gr-
nish the governor copy IN "rl'ilIs *
or the testimony of the said J. e.
House as is required by the constitu-
tion Of the state OF Kansas.
Grounds for the Action.
Tn the application for the writ of
mandamus the attorney Tor the gov
ernor alleges the following causes OF
~ That w. r. Stubbs is the duly
elected and qualified and acting gov
ernor of the state of Kansas
C2) That John s. Dawson is the dulv
elected and qualified and acting attor-
nev general of the state of Kansas
60 That Sec. and A, article l, OF the
constitution of Kansas provide that
the supreme executive power OF the
state shall be vested in a governor who
shall see that the laws are faithfully
executed. He may require Information
I'm writing from the officers of the eX-
ecutive department upon any subject
relating to their respective duties.
That by section 1, article / OF the con-
sfitutfon of Kansas the attorney gen
eral constitutes a member of the eN-
ecutive department of the state: that
paragraphs 1906 and 1907, statutes of
1909 read as follows: Duties: The at
torney general shall appear for the
state and prosecute and defend all ac-
tions civil or criminal in the supreme
court in which the state shall be inter
ested or a party and shall also when
required by the governor or either
branch OF the legislature appear for
the state and prosecute or defend in
any other court or before any officer in
anv case or matter, civil or criminal, IN
which this state may be a party or in
terested. The attorney general shall at
the request of the governor, secretary
Of state. auditor, treasurer, or superin-
tendent of public instruction prosecute
any official bond. or any contract IN
which the state IS interested upon Il
breach thereof. ard prosecute or de-
fend for the state all actions, civil or
criminal relating to any matter con-
nected with either of their depart
ments"
"a That paragraph 1855 of the stat
1ltas provides in substance that if the
attorney general shall be notified by
any officer or other person or shall
have knowledge of any violation OF any
Of the provisions of the laws of this
state relating to Intoxicating liquors,
..jf shall be his duty forthwith diligent-
1v to inauire into the facts of such vio-
Iations.'' and for such purpose he Is
given ample authority and power to
compel persons to appear before him
and testify concerning his or their
knowledge of any such violations Of
such law And if such parties so re-
ouired to appear shall refuse TO be
sworn. or answer questions propounded
by the attorney general, such refusal is
made a misdemeanOr and If such re-
f11sa1 be in a proceeding before JUS
tice of the peace. such justice Of the
neace may commit for contempt and
IF the testimony so taken, shall dis
close the fact that an Offense has beer
committed the attorney general shall
prosecute the person or persons COM
nitting the offense.
The House Charges.
C5) That heretofore aad during the
month of June. 1911, one J. Z. House.
a resident and prominent citizen of the
city of Topeka, wrote a circular letter
TO a syndicate of newspapers through =
out the state and which was published
jn said newspapers ana in which let
ter among other things Ec says: The
writer spent a portion of an evening
I'm a small Kansas town not long ago.
The town is in territory supposed to
he strictly dry. still they We're selling
beer openly over bar. With these