The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-27
MUST Be GOOD.
OuSter Bill to Reach Derelict
Officials Passes House.
Changed But Little From the
Senate Measure.
DAWSON EXPLAINS Ii
Says the Talk of Trial by Jury
Is BOsh.
Will Go to Conference to Make
Measures Harmonic.
DAWSON EXPLAINS 1T

When the Brewster custer bill
passed by the senate, came up in the
house this morning, there was battle
royal over some of the provisions OF
the proposed law before it was recon-
mended for passage. Some OF the
house members wanted to substitute
certain sections of the house judiciary
committee bill on the same subject for
these sections of the Brewster BILL
Sections four and five of the house
bill were actually substituted ana
while Attorney General John Dawson
sweat blood the house went merrily on
with the consideration of the bill. But
on motion to reconsider these sections,
section four of the original senate Dill
was placed back in the measure
This section is the crux of the bill,
and it provides for the trial of delin-
quent officials by the court The house
amendment provided for jury trial
The section as it finally was adopted
by the house struck out the words
without jury" and left the manner
of the trial optional with the court
itself
orr of Atchison. Kelley of Shawnee
and Davis of Kiowa preferred the
house bill to the senate measure be-
cause it was not so vicious and did not
bestow such arbitrary power. Speak
ing on the subject, Orr said: 1.-The
purpose of this bill is to pick man
up and land him summerily out of Of
flee without a fair trial. 1t is vicious
bill"
The division over the two measures
was made nearly on party lines, the
Democrats supporting the house
measure as a rule. The prohibition
law played part in this measure, as
measures Attorney General John :.
Dawson, who is strong for the Brew
ster bill, commented as follows on the
house and senate measures:
THE mock heroics regarding the sa-
cred rights of a derelict public OFFICER
to a trial by jury are just bosh. They
have no such right now. Didn't we
oust the mayors of Kansas City and
CoffeyviIle and many others in recent
years without a jury trial. A county
officer who is negligent can now be
removed without a jury trial. The
vital principle of the senate custer Dill
is to put derelict city officers in the
same category as derellct county OFF,
GERS now are. city officer can now
be summarily removed for only one
contemplate little offense-that is for
failure to notify the county attorney
that the joints are running in his town
AS to all other derelictions, city Off
GERS may now violate all the laws of
God and man. and unless convicted OF
a crime they cannot be removed.
LAS to the Foster custer case of 20
wears ago, where a jury trial was
granted, the supreme court erred, that's
all They didn't know much more
about quo warranto than some of the
members of the legislature. The su-
preme court don't grant jury trials
now. You can search The law books
for 500 years and find no precedent for
a Jury trial in custer cases. You may
search the Kansas supreme court re-
Dorts from the time of the Foster case
to the present day and will find no in
timation of the right of a jury trial.
Ouite the contrary A number of crit
icisms made to the senate bill are just,
and the objectionable points can readi-
" he corrected. But the vital question
is whether the present custer law is
to be improved or emasculated.
Jury trials are for the determin
alton of private property rights and
for the enforcement of criminal laws.
They have no place in quo warranto,
mandamus or habeas corpus. Think
of a jury trial in habeas corpus case.
If we cannot get a good custer bill,
we will just struggle along with the
quo warranto statute which we now
have"
After the house had recommended
the bill for passage in it's amended
form it adjourned for the noon recess.
The bill will go to conference. 1t .s
regarded as a good bill by the attorney
general in its present amended form
as it passed the house.
The Orr resolution to investigate
state officials came up under special
orders this afternoon in the house at
o'clock.
McComb of Stafford introduced the
Jackson petition denying the Orr
charges in the house this morning
The house ordered 500 copies of the
Jackson statement printed. The Orr
resolution demanding an investigation
of the state departments came up un-
der special orders at 2 o'clock this
afternoon.
In his general denial set before the
house today Mr.. Jackson introduced
the following statement from Judge
Dill of the Leavenworth district court:
ITO Whom it May Concern:
my attention has been called to
certain statements made in the public
press and elsewhere concerning the
liquor prosecutions conducted under
the administration of Attorney Gener-
al F. S. jackson and County Attorney
Lee Bond during the time of my serv-
ice as judge of the district court of
Ieavenworth county. These prosecu-
tions were conducted in the main by
Assistant Attorney General Charles u
Shukers, and wish to say that l have
seldom witnessed a more efficient or
sincere prosecutor than Mr.. Shukers
has shown himself to be in these
prosecutions. do not hesitate to say
that he has been honest and fearless
and prompted only by a desire to end
for all time the violations of the liouor
traffic in Leavenworth county. 1t has
been unnecessary for this reason to
prosecute cases the second time
against very few offenders, the first
time usually being sufficient to put the
violator out of the Illegal business al
legged against him.
GAS judge of the court have deem
ed it best to make a reasonable use
of the parole law in these cases. I
have taken full responsibility in the
use of this law and wish to say that