The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-04
faint SO, SAYS DAWSON
Attorney General Denies the Stnbbs
Charges.

| Attorney General Dawson replies to-
| day to the Governor Stubbs letter of
| early morning There appears to be
nothin either in the governors or the
attorney generals letters that throws
| any light on their quarrel It is a
| personal matter that they are trying to
| settle in the public prints through the
| medium of the prohibitory law, long
suffering beast of burden in Kansas.
| The more letters they write the fur
| Their they seem to be from settlement.
/ The attorney general denies the gov
| ernor's allegation, all and singular in
| the following;
October 4. 1911.
Governor w. r. Stubs, State House.
Dear Sir:-I am just returning to
Kansas City to continue the investiga-
| ton of law violations in that city and
1 have read your last creed in the murn
| ing papers. The demands upon my
| time are SO incessant and pressing and
my official correspondence is so heavy
| that it helps some to be able to read
your letters in the newspapers even If
you do not intend it as a kindness.
| There is nothing in your last letter
that needs a reply I stand b. all L
] said in my letter to you on Monday
and it need not here be repeated, and
I nave no apologies to offer for any
part of it. Mr.. Muir head, my brother
in-law, is not i'll my employ and was
not in my employ in Concordia nor
have l had an opportunity to have
three minutes conv ersation with him
in the last six weeks.
All limitations concerning violations
of law which come to my notice from
any part CT the state receive prompt
attention, usually by taking the matter
up with the county attorney OF the
proper courty. What fault do you find
with that? So far as it is necessary
and possible, it is attended to directly
by my own Office.
am glad that I brought you TO
~ = .,Ax rra11
to admit that you do not intend to pro-
duce your detectives as witnesses at
The trials of cases where the state must
depend upon their testimony. 1 have
long suspected that you would fail ds
in that regard as you did last summer.
Consequently 1 have taken time by
the forelock, AMI have already sub
poenaed them where they are most
needed. But am not going to lay my
self liable to a charge of bad falth
in the courts by even pretending that
it is a physical possibility for them to
be in Crawford county, Cherokee coun-
ty. Sedgwicck county, Wyandotte coun-
ty, LeavenWorth county, and elsewhere,
at the same time, and many of these
cases will undoubtedly be called for
trial simultaneously. 1 VIII leave that
responsibility with you.
Touching my $4,000 contingent
fund, you know that 1 have spent, or
will be compelled to spend, over one
half of that fund in the fight in CGraw~
ford and Cherokee counties alone;
and this is a good opportunity to in
vite you to state to the public why it
was that the longstanding lawless
condition of affairs in Crawford anC
Cherokee counties was trifled with or
ignored by you during all of your first
term as governor You appear anX-
ious to bring Congressman Jackson in
to this quarrel. Is it because you real
ize the need of help in your prediea-
ment?
1t is quite apparent to all lawyers
that you are getting mighty poor le-
gal advice from some source. Gut it
may help g clarity some of your ideas
to tell you that the supreme court
has said that when the attorney gem
eral appears IN AZ county to prose-
cute he becomes in fact the county at
torney, and of the county. attorney the
supreme court has said
In the conduct of his office the
county attorney need acknowledge no
master but the law. He may close his
ears to every kind of constraining
clamor so long as he pursues no policy
except that which duty prescribes. He
must be accorded a reasonable dis
erection in directing the business of his
office, and some scope must be con-
ceded to him for the exercise of his
best judgment in respect to many mat
ters committed to his charge, includ- |
dismissal OF cases.
I also invite you to give to the pub
lie your reasons why you call upon |
me to do the work of A. L. Wilmoth, |
county attorney of Cloud county, |
George McGill county attorney of |
Sedgwick county, and J. T. Taggart, |
county attorney of Wyandotte county; |
and also why you directed me rather |
than E r. Simon, county attorney of |
Shawnee county to subpoena the sher- |
iff of Cloud county. Have you any |
tangible grounds for believing that |
these officers are negIecting their du |
ties? And if you have not is it not |
clear to the people of Kansas that you
make these various, multitudinous
and muItifarious demands upon me
merely to harass and hinder me in the |
discharge of my many real and I'M
perative duties?
Yours respectfully,
JOHN s. DAWSON, Atty. Gen.