The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-14
GOFernOrStUbbs Delivers Threat
to Attorney General.
John Dawson Accordingly Calls
HisRBluff.
ALL ABOUT A WITNESS
Question Whether Executive
Can Force House to Testify.
viii Now Be Checked Up to SUI
preme Court.
ALL ABOUT A WITNESS


fhreateus to carry the question OF
authority up to the supreme court. The
governor argues that the consItution
gives the governor supreme e&eculYe
authority. and he believes that that
authority includes the power to order
a witness subpoenaed. The witness N
question is the newspaper man VINO
wrote about law violations and then
declined to tell the attorney 6SHSi"i
the particulars.
Dawson replied to the governor by
agreeing to go to the supreme Soutl
with a test case over the matter OF Inls
subpoena and stated that he must DC
cline to summon the newspaper man
to tell what he knows.
The supreme court will thus be call
ed upon to fix responsibility in the non
enforcement of the law in the south
east counties. that is to say, the court
will decide who is the superior ofdcer
in the matter of law enforcement, the
attorney general or the governor
The following is the governor tasl
letter to the attorney general;
Dear Mr.. Dawson: [ am in receipt
OF your letter of July 10, 1911, in
which YOU give copy of your letter
to Mr.. House and then say. His reply
was strictly of a personal nature, and
I do not think it proper to furnish It.
But in addition to his written reply,
took the matter up with. MIN person
ally, and learned what I surmlsed'
which was, that Mr.. House being a
guest and a stranger did not know who
were selling liquors nor the persons
who were buying liquors, and he had
nothing to tell of any consequence, nor
upon which to have prosecution. 80
too, his general statements that Wich-
ita, Leavenworth. Topeka and Law
renee were OVerrun with bOotleggers.
Mr.. House only knows such matters by
mere hearsay and on that subject he
is possessed of no information that
would be Of the slightest assistance TO
a prosecuting officers
"Mr. Houses statement was a syndi-
cate letter over his own signature sent
to a large number of newspapers
throughout the state of Kansas, and
possibly elsewhere. and published. In
that circular letter he stated that they
were selling beer over a bar in what
is supposed to be strictly dry terri
tory It is impossible for me to con-
ceive of ordinary social functions
where they were selling beer openly
over a bar Likewise it is impossible
for me to conceive of an answer to
your official communication as attor
ney general, calling for information
respecting attractions of the prohibi-
tory law of this state being of so
strictly personal nature that you do
not think it proper to furnish it to the
chief executive officer of the state,
whose duty it is under the constitution
to See that the laws are faithfully exc
cuted. Your letter was signed in yOur
official capacity. It would be impossi-
bic to reply thereto in a manner that
would be so strictly personal as to be
improper to be seen.
Again. you say that you took the
matter up with him personally and
learned what you Surmised. towit: That
Mr.. House, being guest and a strang-
err, did not know who We're selling IL
quOrs nor the persons who were buy
ing liquors and he had nothing to tell
Of any consequence nor upon which to
have a prosecution You are certainly
aware that under the laws Of this state
ion 10 Ia1
junction placed upon building where
liquors are sold over a bar, without
knowing the names of the one who sold
OF the one who bought. Mr.. House
could certainly tell in what city it was
and in what building. If Mr.. House
was a guest he certainly knew some
person who was present whose name
he could give and who could be sub
poenaed to give information as to the
name of the party selling or the names
Of those who were buying.
Again you further say: so. too his
general statements that Wichita, Leav-
enWorth, Topeka and Lawrence were
overrun with bootieggers. Mr.. House
only knows such matter by mere hear
say Very well. Then let him state
from whom he has received his infor-
nation. A man who is making state
ments broadcast to the world over his
signature on mere hearsay' ought to be
able to give the name of some person
in some Of these cities who has made
such statement, so that such persons
may be Subpoenaed and under oath
questioned regarding such matter
am thoroughly tired of Tom Dick and
Harry making statements of the viola
ton OF the law and then begging of
and promise not only in this instance
but in every instance to require that
persons making such statements shall
be required under oath to give the
source of their information. 1t is pos
sible that Mr.. House was a guest in
some club and is very anxious to shield
the club. If he desired to shield the
club he ought not to have made it the
basis for signed statement to the
world.
and IN this connection permit me
TO say further that propose to de
termine and settle for all time to come
whether or not the constitution anC
statutes Of this state mean what they
say. The constitution reads:
" The supreme executive power o
the state shall be vested in a COVER
nor who shall see that the laws ar,
faithfully executed.
ITO aid the governor in the perform
ance of that duty the legislature hal
enacted certain statutes, among whicl
is paragraph 4366 Of the general stat
utes of 1909, which reads as follows:
If a county attorney, attorney gen
eral or assistant attorney general shall
be notified by any officer or other per
son or shall have knowledge of any VIC
lation of any of the provisions of tn
laws Oh NAiAS StdlG TO lnlO3l
eating liquors, it shall be his dut
forthwith diligently to inquire into tn
facts of such violation and for sucl
purpose he is hereby authorized to is
sue subpoenas for such persons as h
shall have any reason to believe hav
any information concerning the know
ledge Of such violation, to appear be
fore him at a time and place designa
ted in the subpoena, then and there t
testify. concerning any violations of tn
provisions Of such laws
Paragraph 1906 reads: The attorney
general when required by The
governor. or either branch Of the legfs
latl1re, shall appear for the state ant
nnnnac11ta OF. dafand In anY other cour