The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-14


matter civil or criminal in which this
state may be a larty or interested
Again paragraph 1907 reads: The at
tOrney general shall at the request OF
the governor. secretary of state, audi
tor treasurer or superintendent of pub
lie instruction prosecute or de-
fend for the state all actions civil or
criminal relating to any matter con-
nected with either Of their depart
ments'
THE matter of the enforcement of
law is matter connected with the
governors department. 1t is a matter
in which the state is interested. For
the purpose of enabling me to faithful
~ execute the laws of this state, 1t is
necessary that a proceeding be inst
tuted and that Mr. J. e. House be sub
poenaed to testify and give infOrma-
ton as to the cit and the building
wherein he was present when intoxl-
eating liquors were sold over bar,
and also that he be required to give the
names of any persons who were present
known to him. that he give under oath
a full statement of persons who have
told him Of the violation of law to the
end that such persons may be sub
poenaed. If these statements made by
Mr.. House over his signature are pure
fabrication and without foundation, [
want the world to know it, in order
that the good name of this state may be
protected. The statement as published
over the signature of Mr. House is a
reflection upon every officer of the
state of Kansas whose duty it is to en-
force the law as well as a blot upon the
fair name of our state, and as governor
of the state of Kansas, I propose to
have that information or determine
once for all whether it is in my power
to compel its production. I therefore
once again request that you institute
proceedings of inquiry and that you
GlIhnnGna Mr. T r House of TOnPS1
Kansas, to appear before you at time
and place to be designated in the sub
poena, then and there to testify under
oath concerning any violations of the
provisions of the prohibitory laws of
this state.
And I request an immediate re
Spouse to this letter as to whether you
will institute such inquiry, to the end
that if you refuse I shall apply to the
court Immediately for a writ of man
damus to test this question once for
all. as to what my powers are in the
premises.
Again, in my former letter 1 re-
quested at your hand information in
writing concerning evidence taken in
your Office respecting the violation If
the prohibitory law in Cherokee conn
ty, Kansas, and with respect to the
dereliction of officers of said county
and in your reply you say: I do not
recognize your right to demand an in
spection of this evidence In this
connection. permit me to call your az
tention to section 4. of article 1 of the
constitution of the state of Kansas,
which reads as follows:
" He (the governor) may require in
formation in writing from the officers
of the executive department upon any
subject relating to their respective
duties Section 1, of said article.
names the attorney general as one Of
the officers constituting the executive
department.
"As chief executive of this state I
claim the right to require information
in writing respecting any evidence in
your possession or under your control
relating to violations of law in any
part of this state. IF the attorney
general can receive privately and
secrete evidence and refuse inspection
thereof by the chief executive of the
state. then an attorney general so dis
posed, and whose synpathies might he
against the enforcement of law. could
secrete and smother strong evidence
and forbear prosecution that ought to
be instituted and use the Office of So
tOrnev general to thwart the efforts CT
the chief executive to faithfully exc
cute the laws of the state.
ct again request information in writ
ing concerning all evidence taken by
the enforcement of law in Cherokee
county. and respecting the officials cf
Cherokee county and I ask an imme Ii
ate repIv to this letter, is 1t is my pur-
pose. if it is refused. to present the
matter to the supreme court for de-
termination as to my power in che
premises. Yours verv truly.
CIV. r. STURRS, Governor
DawsOn's Reply.
Hon. W. r. Stubs:
Yours Of today at hand I am en-
tirely willing to arrange a test case in
the supreme court to determine wheth-
er the subpoenaing of witnesses by the
attorney general is left to his discre-
ton or to the governor. and therefore
and for that purpose. for the present, !
most respectfully decline to issue a sub
poena for Mr.. J. E. House.
Touching the publication of the evil
dence secured by me in my recent in
! QUESTION I have reflected that you1
course in Cherokee county affairs car
not do more harm than it has already
nor spoil my plans for the enforcement
of the law down there more than you
have already done. Therefore the testi-
mony you desire is herewith transmit
ted. Yours respectfully,
JOHN S. DAWSON
Attorney General