The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-07
County Attorney Simon Brings
Action Against Thomas.
Wants Clerk of District Court
to Give Up Office.
new AUDIT is The BASIS
Also Charged That He Failed
to File Reports.
Statement Given Out by the
County Attorney.

Custer proceedings against Richard
L. Thomas, clerk of the district court
were filed in the state supreme court
late Wednesday evening by County
Attorney Simon. Information based on
the county's special audit. charges
Thomas with misconduct of office on
six specific counts and the complaint
asks for the clerks immediate removal
from office, pending the final hearing.
After a four days conference, Coun-
ty Attorney Simon and the county
board concluded that custer proceed
ings would be the more effective method
of disposing of the trouble in the clerks
office. With the fling of the custer
suit, Thomas is forced to defend the
charges hurled at his Office i'll the re-
port OF the special accountants. He
also faces removal from Office pending
the final disposition of the case. For
these reasons, the custer proceedings
were considered by the county officials
more effective and vital than a civil
action to collect from Thomas the
an action wherein the county would
have been forced to defend their own
audit.
With the information in the ouste"
suit, is filed a certified copy OF the
special audit. From the findings in
this report. County Attorney Simon
furnishes six counts on which he basis
his application for the removal of the
court clerk. On the first and second
counts Simon charges Thomas with
sundry violations of the penal code,
and recites the history of the audit, as
viewed from the impressions of the
commissioners. AS a further reason
why Thomas should not hold Office. it
is alleged that the clerk once offered
the county $1,000 in fees and later Of
q Il
to cover any inaccuracies which might
be found in his office.
1t is further charged against Thomas
that his official records show certain
errors, that he collected certain excess
sive fees-of which the county asks
one-half-and that the clerks reports
were not filed with the county board
in such manner and at such times as
are prescribed by law. Further COM
planning, the county attorney insists
Thomas should lose his job, because
he claims and holds fees in excess OF
Sc, 900 a year. Simon denies that there
is a controversy concerning the inter
probation OF the fee law. In his own
mind, the question is quite clear, and
the county attorney asks the courts to
demand forthwith possession of the
keys to Thomas Office.
Mr.. Simon's Statement.
County Attorney Simon has given out
the following statement:
AT this time have very little to say
regarding the Thomas custer suit. I
will reserve my statements for the
court when the case is submitted.
Last Saturday when I returned from
ST Louis, where 1 had been taking
dispositions in the case of Shawnee
county against Kelly & Kelly, learned
that the special auditors had submitted
their report on the office of the clerk of
the district court, and the county COM |
missioners delivered to me for my ex-
animation a copy of that report
Il went through this report very
carefully and from my examination
was thoroughly convinced that Mr. !
Thomas had been grossly derelict and |
guilty of wilful misconduct in his adj |
of that office for the last |
five years.
Entertaining this opinion, my duty |
was clear and there was but one course |
for me to pursue. The last legislature !
passed an custer law providing for the |
from office of any corrupt |
public official. AS required by that law. |
7 informed Attorney General Dawson of |
my intention of bringing this action |
and laid all the facts in my possession |
before him. and received his official |
sanction and recommendation to begin |
this suit.
Il have no personal i'll will against Mr. |
Thomas Our relations prior to the be |
ginning of the special audit by the pres |
ent accountants. were always the most |
friendly. My official action in compelling |
Mr. Thomas to submit to an audit by /
securing an order of the supreme court |
to that effect. was not a pleasant one |
and neither is tie fihling of this custer |
suit a. pleasant duty. But 1 feel that If |
/ did not take this action, I would be as |