The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-17


The item written by House that
caused all the trouble is as follows;
1.-THE writer spent a portion OF an
town not long ago. The town is in the
territory that is supposed to be strictly
dry, still they were selling beer openly
over a bar
DAVIS IN is sore because it was stated
that House bought beer over the bar
He did not state whether or not ne
bought beer or it was bought for him.
but that it is being bought and sold
He claimed to have knowledge of a
sale and the State Journal so stated:
No effort was made to misrepresent
Mr.. Dawson.
The Dawson Letter.
The Dawson letter to Stubs today
follows:
Hon W. r. Stubs, Governor of Kan
sas, State House.
Dear Governor: read your favor OF
last night in the morning newspaper at
the breakfast table and have carefully
noted it's contents It is so long ago
since any correspondence has passed
between us on the subject of j. Il.
House that I think would better bring
the matter up to date by advising you,
as I now do, that I ascertained long ago
that Mr.. House was possessed of no in
formation which would be of any ser
vice to a prosecuting attorney in the
enforcement of the prohibitory law In
other words, Mr. House cannot tell who
was selling liquor nor who was buying
liquor, nor what, if any, money chang
ed hands. Mr.. Cain of the State Jour-
nal is mistaken in all the stories that
he has written about this controversy
wherein he has stated directly, or by
inference, that Mr.. House bought beer
at the bar in the small town in the
dry territory of which Mr.. House wrote
last June. The one thing that Mr..
House has refused to tell me, either
under oath or otherwise, is the name of
the town and the county. And for such
refusal / caused his arrest yesterday
on a misdemaanor charge and this has
been my usual practice in such cases.
But this House controversy is yours
and not mine and as admonished by the
supreme court will comply with your
instructions and follow your directions
to the letter and in good faith and will
subpoena Nj. House with all convent
ent speed before some justice of the
peace in Shawnee county, as you di-
rect. I notice also your admonition
that 1 should bring this proceeding be-
fore some justice of the peace friendly
to the enforcement of the prohibitory
law. I have no personal acquaintance
with any justice of the peace in Shaw
nee county and would be glad to have
you name the particular justice of the
peace who enjoys your confidence for
this purpose, or furnish me with list
not in favos Of the enforcement of the
law, so that I can avoid them and
select one OF the others. There is some
doubt as to whether the Judge of the
court of Topeka has jurisdiction, but
will bring the proceedings before him
if you so direct.
Il thank you also for your kindly
disposition to appoint attorneys to as
sist me in this important matter and
assure you that they will be accorded
by me every possible courtesy and upon
your specific direction to that effect I
will give them all the power that it is
possible for me to confer upon them.
Permit me also to suggest that it
would be helpful to me if you would
appoint these attorneys in the first in
stance so that I may have their assist
ance in this matter from it's inception
I particularly urge this because of GER
tain possible difficulties of no small
magnitude which are likely to arise at
a very early stage in these proceedings,
but which I do not think it proper to
give to the public but which I will be
glad to suggest to you personally at
any time
Yours respectfully,
81. S. DAWSON,
Attorney General"
The Stubs letter to Dawson ordering
him to go after House in different
way to make him tell what he knows,
is as follows:
Il understand that, in obedience to
the mandate of the supreme court you
subpoenaed Mr.. House, and upon his
refusal to answer you have filed or
contemplate the filing of an fnforma-
ton to punish him for such refusal.
make the suggestions contained
in this letter for the reason that con-
victton and punishment for INSIDE
meanor will not procure the desired
information, and for the further rea-
o.
of the peace can commit the witness
to jail until the questions are answered
and the information given. which is
desired above all things, to the end
that persons violating the law by sell
ing beer openly over the bar, or other
wise, can be punished; also because,
in view of the prominence given to
this case, it becomes important in the
enforcement of law to demonstrate
that all witnesses who have knowledge
of crime can be compelled to testify
concerning the violation of the laws of
the state, or be committed to Jail I'M
til they give such information.
1.-THE suggestions herein made are
for the purpose of securing the infor-
nation necessary to enforce the laws
of this state. ana are not made for
ceedings you contemplate filing against
Mr.. House to punish him for his re-
fusal to testify before you.
Please advise me at once what ac-
J1On you take IN THIS matter, as l wish
to appoint attorneys to assist you In
taking this testimony. Yours respect
fully.
wv. r. STUBS. Governor"
The three justices Of the peace for
Topeka are. w. S. McClintock, A. G.
Barten and NJ. F. Laycock-
The Governors Letter.
The governors letter to Dawson is
as follows:
Dear General: Since your investf-