The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-23
Case of Frazier and the Keg
of Beer.
SHERIFF FORCE FOUND HIM
Had on His Star and Full
Uniform.
1t Was Occasion of Raid of
Belle Powers Place.


ploded today at the hearing before
Judge whitcomb in the second division
of the district court on the mandamus
proceedings against Mayor Cofran tc
compel him to reinstate Dan Garden
Rufus Frazier, Otto Anderson, w H
Wilt and o. F. Haney to the position
thev formerly held on the police force
In presenting the return in the case
of Rufus Frazier. John ]. Schenck'
who is associated as special counsel
with Citv Attorney Ralston in the
handling of these cases in behalf of
NIavor Cofran and the city, presented
charges against Frazier to show that
he was unfit for a place on the ponce
force.
This caused some surprise to L. L.
Humphries and A. ]. Bolinger, attor-
neys for the erstwhile policeman. Ihey
insisted that charges of that sort were
not germane to the present proceed
ings They declared that Such charges
should have been presented to the civil
service commission when these ponce
men were given regular trlal before
that commission. They argued that the
civil service commission was the only
tribunal before which such charges
should be tried out.
Mr.. Schenck held to a different view.
He stated that even if the mayor mad
not proceeded properly in the discharge
of these policemen, or in the ols-
charge of Frazier, which he would not
concede, he had a right to show the
court that there was sufficient cause
for the removal of Frazier from the
police force, and that it would De
rather foolish for a court to order the
reinstatement of a policeman VINO
could Immediately be turned out of Of
fee in a more formal manner for good
and sufficient reasons.
A formal motion was made by At
torney Bolinger for the elimination OF
the charges against Frazier from the
proceedings. But Judge Whltcomb
observed that in a mandamuS pro-
ceeding the latitude was pretty wide
md he was not disposed to grant the
motion. The attorneys for the po-
licemen then said that they were not
prepared to meet charges of this char
ncter without some preparation,
Judge Whitcomb intimated that they
could have all the time they needed
TO prepare to combat this new feature
of the case. But an adjournment was
not Immediately taken, as Mr..
Schenck suggested that arguments
could be proceeded with on the legal
questions that were involved in a mo-
ton he had previously made to quash
the mandamus proceedings. This was
satisfactory to the court and the at
torneys on the other side, and argu-
were continued.
The charges cited against Frazier
a colored man, are that when the
sheriff'S forces raided Belle Powers
ago, they not only found keg of
beer on tap with a dozen or so men in
the place drinking beer, but they also
found Frazier there in full uniform
and with the badge of his office on
his breast At the trial of Belle
Powers. Frazier is alleged to have
testified that he did not see keg of
beer in the place; neither did he see
men drinking there. And Mr.. Schenck
said that the jurymen in the case
were so forcefully impressed with the
faIsity of Frazier's testimony that
they would have publicly recommend
ed his immediate removal from the
police force had such an act been
within their functions.
1t is understood that City Attorney
RaIston and Mr.. Schenck. in their re-
turns in the cases of some of the 9TH
er policemen who are parties to the
suit, have incorporated charges of
various sorts that tend to show there
are excellent reasons why these men
should not be on the police force.
Schenck Moved to Quash.
At the beginning of the hearing to-
day, Mr.. Schenck moved to quaSh the
mandamus proceeding entirely on the
grounds that they did not state a suf-
ficient cause of action. and that the
civil service law so far as it applied
TO policemen was unconstitutional.
He argued that the proceedings should
have been properly brought, if at all,
not against Mayor CC'ran alone but
against the mayor and city commits
sionerS, as the com issioners as mat
ter of fact, have joint power with the
mayor in appointing policemen. And
he pressed the second point of his mo-
tion on the ground that policemen are
city officers in every sense of the
word. He cited many authorities to
sustain this contention and insisted
that the civil service law was defec-
tive. or unconstitutional, in it's pro-
visions that attempted to give civil
service commissioners any sort of jur-
tsdictiOn over the appointment or re-
moval of members of a police force.
For this reason Mr.. Schenck declared
that the recent decision of the state su-
preme court reinstating a field man in
the sanitary department of the Kansas
City health department because he had
been removed from office without COM
pliance with the civil service laws. was
not applicable to this case There the
court held that this field man was not an
officer of the city. but merely city ser
want who was protected by the civil ser
vice rules and regulations.
These contentious of tie city were most |
vigorously opposed by Attorneys Hum |
phries and Bollinger- They argued most |
strenuously that there was no merit in
any of them.
The argument on both sides was rather |
long drawn out and at its conclusion !
Judge Whitcomb took the matter under |
advisement
-Iayor Cofran was present in the court |
room during the proceedings. So were |
o. -ef of Police Hughes, Miss Barr, also of /
the police force. and dozen or fifteen |
other women. who seemed to be deeply in |
terested in the case.
One court house wag queried: do you |
suppose those women spectators are also