The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-20
The whose sole object money making.

the dignity of a man serving as attor-
ney general.
have ample reason to believe that
some justices and courts are unfriend-
ly to the enforcement of the prohibi-
tory law and this opinion is fully con-
firmed by your own letter to me writ
ten on December 22nd, last, in regard
to the Cherokee county situation,
wherein you say:
1.-The sheriff has been suspended
from office, the county attorney has
retired from office, an custer suit
against the clerk of the district court
is pending, and five justices of the
peace have resigned, one constable
has resigned and custer proceedings
are pending against another"
Add to the above Judge Sapp'S at
titude toward law enforcement, and
you have my reason for believing that
if you expect to secure a statement of
facts from Mr.. House you will not
bring this case before a court that is
unfriendly to the enforcement of law
or in other words, an enemy of the
prOhibitOry law.
I shall hold you responsible if you
bring it before one who is so unfriend-
ly to the law as to cause another fasco
in this case.
was not surprised in perusing your
letter further to read:
But this House controversy is
yours, and not mine, and as admonish-
ed by the supreme court, will COM
ply with your Instructions
have had an impression for some
time that you did not regard this case
as yours, and that is the very reason
/ am compelled to employ other attor-
neys to act with you at an expense to
the state 1 would gladly avoid, IL
either your letters or your general OIL
cial conduct would give me any as
surance whatever that you were not
VIGOROUSLY unfriendly to the prOsecu-
ton of this case, or that your official
advice and conduct would be any more
were last summer, when you officially
deceived me in connection with the
situation in Cherokee county, in way
that in my judgment was a plain VIOLA
ton of your oath of Office
Under the pretense of professional
honor, Mr. House refused to give tes-
timony against criminals, who are YET
at large, and perhaps still engaged IN
the violation of law. He has already
publicly boosted that he was an eye
witness to their crime
To compel a worker in the street to
give testimony before a court, under
The Denaltv Of contempt, in cases of
crime against the state,y and at the
same time to allow a professional man
to DEFY the lawful authorities of the
state with impunity, is doctrine that
is repugnant to my ideas OF justice.
The idea of preferential rights on
account of social distinctions or pro-
fessiona1 honor when 1t comes to CIV
ing testimony concerning crime. is
should not be tolerated. As long as
am charged with the duty of executing
the laws of Kansas, the professional
man will stand on the same basis as
the man who works in the street. and
the white man on the same basis as
the black man. in so far as the laws
of the state are concerned.
In this case the state is not demand
ing the humiliation of Mr.. House: it
is demanding the truth. If the story
he told is true, and we must assume
that it is he saw the laws of the state
violated. and if it is right for him to
state publicly over his own signature
that he witnessed a crime committed.
it is now his duty as a citizen to give
evidence concerning the same. Unless
the state has the right to compel wit
nesses to testify concerning their
knowledge of crime. the whole system
of criminal prosecution will fail and
proper protection of life and liberty
will perish
instant I sent you complete instruc-
tions for the bringing of this suit.
have appointed Mr. Trickett and Mr..
Bishop to assist and cooperate with
you in this case
Yours very respectfully.
w R. STUBS. Governor.