The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-02

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writ of habeas corpus. Everything
has been prepared The screws will
be turned tomorrow morning and
make Mr.. House turn informer. Tell
not believed that Mr.. House will tell. !
His plans to fight the jail sentence
have not been divulged. Chas- Blood
Smith is attorney for Mr.. House
May BE Only Fine of So.
In looking up the law on the sub |
ject of contempt of court, It IS round
that there are three theories contem-
plated by the makers of the statutes
tense of refusing to answer questions
before court. One law PROVIDES
merely for a fine of IS. Another for a
fine of $40 and ten days in jail, TINS
in case witness adds disOrderly con- |
duct, such as contemptuousness to re-
fusal to reply Then the law leaves
open the third theory, which IS that
the jail sentence may be- IN the as |
erection of the justice, continuous untli
the questions are answered.
So it would seem that the result OF
this inquisition tomorrow hes greatly
within the province of the justice.
Justice McAfee could assess fine
of IS and let House go II ne Wante9
to- Or he might make the $40 ana
tack on ten day jail sentence Los !
good measure. Or he might sehu
House to Jail to stay until he told al
he knew. McAfee is known to be
strong advocate of prohibition as was
his father before him. But at TINS u
QUESTION he is to act as justice ram
er than as a member OF the 0ea'e
Temperance union.
The Dawson Information.
In his statement filed before Justice
McAfee today Attorney General Law
son alleged the following:
Before H. w. NcAfee, justice OF the
peace for the township of Mission, IN
Shawnee county, Kansas. II
In the matter of alleged violations OF
the prohibitory law within the state CT
Kansas.
Comes now John S. Dawson, attorney
general of the state of Kansas, by al
rection of the governor of the state OF
Kansas, and makes this statement 10
this honorable court as follows.
%. That one J. E House, writer
and newspaper man residing in Shaw
nee county, Kansas, and a person OF
good reputation for truth and Veraclty'
on or about the 18th day of June, A u
1911. wrote an article which was there
after widely published in divers ana
sundry newspapers circulated in the
state of Kansas, which article contain
ed among other EATERS the following
conc ming a violation of
the prohibitory law, to-wit:
1.-The writer spent portion OF an
evening in a club in a small Kansas
town not lorg ago. The town is in ter
]
they were selling beer openly over
bar"
And your reIator further states to
the court that he has exhausted every
means at his command. by CORES
pondence. by personal solicitations, ana
by his official inquisitorial subpoena to
secure from said j. E. House the name
of said small town and its location
and ali other matters pertaining to the
violation of the prohibitOry law as re-
lated by the said j. E. House in said
article: but such information the sald
House has steadily refused TO give ana
ztill so refuses, Notwithstanding the
pains and penalties PROVIDED py STATUTE
for such refusal
(2). That the said J. E. House.
4 foresaid, on or about the = day OF
Tu1y. A. D. 1911, wrote a letter to the
said John S. Dawson in which among
,ther matters he, the said J. e.
House stated as follows;
Come and go with me some even
ng, starting say at II O'Clock. Ii
don't show you a dozen drinking
parties within a radius of six blocks
,fthe desk at which this is written
will recant everything I have said
lere and hitherto
And your reIator further states :
hat the aforesaid statement of said
+. E. House was written IN me CITY | ,
# Topeka, near the center OF shaw
lee county, Kansas. and that any ana S
IL places within radius OF SIX
docks of any place in said city were
md are within Shawnee county, Kan
as, and that said letter shows that ,
aid House has or may have l6nowl-
.dge of violations of the prohibitory I
aw within the county OF Shawnee
md state of Kansas.
And your relator is without any other
'esource or remedy to compel the said ,
r. E House to disclose the facts. or
my of them, upon which prosecution
night be based for violation of the pro-
law except through the sn-
strumentality of this honorable court, {
md by a subpoena thereof, commend J
ng said J. E. House to appear before ]
his honorable court on a day certain
here to testify concerning any and All /
Illeged violations of the prohibitOry law {
If which he has personal knowledge or
concerning which he may have trust f
worthy information l
Wherefore your relator prays for the
ISSUANCE of a subpoena for said J. E.
House for his appearance at such early
i ne as will suit the convenience of this
court.
JOHN S. DAWSON \
Attorney General.