The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-16
Topeka Newspaper Man Plead
ed Guilty Today.
Fined S. by Judge Dana for
Contempt of Court.
HE NEVER WENT TO JAIL
In Spite of Gov. StubbS' Efforts
to Land Him There.
Likely That Famous "Beer in
Dry Town" Case Ended.

jay Z. House. a Topeka newspaper
| man. pleaded guilty to a misdemeanol
in Judge A. w Dana's court today
/ on charge of refusing to testify be-
| fore Attorney General John s. Dawson
| concerning the purchase of beer in "a
dry town in Kansas" He was fined
IS and costs. The Eabeas corpus pro-
/ ceedings resulting from Houses re-
fusal to testify before a Shawnee
county justice of the peace. are still
pending but probably never will be
brought to trial
The plea by House today and the
apparent plan to drop the habeas cor
pus proceedings, conclude the lengthy
letter war between Governor Stubs
and Attorney General Dawson and the
writing of d most surprising decision by
the Kansas supreme court Stubs had
insisted that House must testify con-
corning his purchase of beer in a dry
town or must go to Jail for his re-
fusa1. Now that the controversy rs ap-
parently ended. it is found that the
newspaper writer has done neither and
Justice McAfee's spectacular order
committing House to Jail has never
been executed.
1t was in June, 1911, when the House
troubles started. The newspaper man
wrote an article. published in a num-
Der of Kansas weeklies, in which he
referred sarcasticaIIy to the en-
forcement of the prohibitory law. In
the article House said that he himself
had purchased beer over the counter
in small town in dry territory in
Kansas. Then c. H. Ogburn, of Pratt.
who was not the least friendly to
House wrote letter to Dawson urging
that House be summoned and forced to
tell where he bought the liquor. Daw-
son and House discussed the matter
in a series of letters. Then Ogburn
took his complaint to Governor Stubs,
who ordered Dawson TO compel House
to testify. Dawson declined to obey
the order. Then the controversy was
taken to the supreme court In a de-
cision in which the court was divided.
it said that Dawson must obey the
governors instructions. This decision
called forth the wrath of the bar asso-
Citations and many urcomplimentary re-
marks by leading law journals.
But Dawson summoned House He
declined to tell where he bought the
beer. A warrant was issued for his
arrest. While he was under bond and
the misdemeanor case pending in the
district court, Governor Stubs wrote
Dawson a letter advising him to sum-
mon House before "a not unfriendly
Justice and compel him to testify.
One bitter cold day in December
1911, a little party journeyed out to
Mission township, where House had
been summoned before Justice Nc
Afee. Again House declined to tell |
.own was not in Shawnee county, and |
therefore outside the Jurisdiction OF
the court. Justice McAfee ordered |
House sent to Jail. refusing the right
# appeal and declining to accept bond. |
deabus corpus proceedings were in
'ugated and House never spent five
minutes in jail. Judge Dana gave |
Charles Blood Smith. as attorney for
House, 80 days in which to file his
]rief in this case. Similar time was
,iven Dawson for the state, and At
orneys Bishop and Trickett, for Gov
rnor Stubs, to brief the case Smith s
,rief was filed. But Dawson, in COM
,Iiance with the information given
stubbs, said he knew no law that
would benefit the state in the case
nd declined to write brief. Neither
lid Bishop and Trickett submit
,rief.
Awaiting these briefs. the case has
ragged on the docket an entire year.
attorneys for House declared that
Justice McAfee was vested with no
egaI powers that permitted his action
n committing House to Jail and that
he maximum punishment was So fine,
r if regarded as contempt could not
xceed $40 fine and ten days in Jail.
suit McAfee it was commended, over
topped his power in refusing bail.
House has never opposed the pay
1
aSe resulting from his refusal to teS- :
fly before Attorney General Dawson.
tut the efforts of Governor Stubs to
ave the newspaper writercommitted
} Jail, have been most successfully
pposed-
When the misdemeanor case was
allied today, Attorney Smith entered ,
plea of guilty for House Attorney ;
eneral Dawson then recommended a I
ght penalty and Judge Dana fined
ouse IS and costs. The fine and costs :
i'll be paid at once /
But the heabus corpus case is prob :
bly, ended forever and the memory of
lie long drawn out StubbS-Dawson 7
may have respectful l
arial. The governors attorneys have ,
ever briefed their case and next \
onth Governor Stubs surrenders the :
lecutive chair to a Democrat. 8
In the StubbS-DawSon controversy,
awson at first declined to surrender S
le correspondence with House. Then
.ubbs intimated that Dawson was at
mpting to SHE'D a crime and Daw- .
N published the letters which passed n
stween his office and the newspaper
an.