The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-08-09
thinner CASE.

AHhEkgEs@as
ICor-'nued from Page one.1
sfand- he will be asked some embar-
RAISING questions, it is asserted. Is
suance Of subpoenas for legislative
1oembers and persons attendant dur
ing the recent session, is also regaroeu
as significant by persons in toucn Win
the case. In this connection, 1t is also
stated that the mysterious dlctagraPh
record from Zimmers room III 10
peka will be produced
jurisdiction Is Attacked.
Pollock started his fight TO-DAY py
an attack on the governor Jurlsuic
tion in the case. He contended that
the law under which the proceedings
were brought had been repealed IN
1911 and that the chief executive OF
the state had no authority to act rms
attack seemed to puzzle the governor.
He is a newspaper publisher anu
business -man-not lawyer; ne
looked appealingly at General Brew
ster. e.4 49,
legal phase of this he said.
ut is up to you to go ahead or quit,
said Brewster, who left the matter just
where he found it.
But the governor wanted more hght.
ssPersonally [ don't think there is
ANYTHING in it." replied Brewster.
''Then L overrule the notion, an
nounced the governor
was Pollock disconnected or disap-
pointed? Not in the least He noted
an exception, reached for another pa
per and with the air of DICK lite
announced another objection
This new objection was something
else. 1t recited that the governor was,
prejudiced and partisan, that ne had
decided the case in advance of the
taking of testimony, had announced
his plan to separate thinner from his
job and had already determined on
successor. In support of this motion
to dismiss the case, Pollock read the
governors letter to thinner under
date of April 80, asking for his resig-
nation. He also read a copy of pur-
ported letter to Don c. Greenman of
Parsons stating that the Kansas City
election probe would furnish some
work for the grand jury, but stating
OverruIed Again.
Governor Capper waited patiently.
He promptly overruled this objection
and Pollock as promptly reached for
No. 3.
rs there any formal or written
complaint against Mr.. thinner? ?" asked
Pollock.
I'VE have a number of affidavitS on
file" replied the governor
Pollock then moved that the case
be dismissed on the ground that no
formal complaint was filed.
Governor Capper was maintaining a
batting average CT 1000. He over
ruled this objection without winking
an eylash.
Next Pollock wanted the case ditch
ed because the defendant was not
served with copies of the affidavits or
complaint.
Again the motion was overruled.
Pollock had gone to the state house
with a stenographer and an exception
was noted to each act of the governor.
AS the next cause for dismissal, Pol
lock asserted that the complaint should
be more definite and certain. Cover
nor Capper thought not and waived
aside this objection.
For a change, Pollock read a spec
ific and rather general denial to all of
the eleven charges against Zimmer's
official record. In conclusion he asked
that the case be dismissed.
Overruled.
The complaint does not constitute
cause of action, Pollock urged.
Objection overruled.
Brewster Breaks In.
At this stage of the game Brewster
broke up the proceedings by inquiring
If thinner was present.
Does thinner appear here in per-
son or by Attorney" Brewster in
quired.
II can't say until we learn the ma
ture of the evidence" replied Pollock.
Brewster: I'VE desire to call as our
first witness Mr.. thinner. Shall we
Will the governor please call Mr.. Zim-
mer''
Pollock started to argue and the
governor started to call.
will he be here or won't hep
asked the irritated Brewster.
I'VE want to hear the nature of the
charges before we know whether we
should appear" Pollock explained.
Brewster was not inclined to argue
He asked that thinner be summoned
And while he was asking for q sub
poena, he decided to ask for several
Better subpoena Senator Carney
Senator Sutton and w. p. Feder,'' sug-
gested the attorney general
Governor Capper also had a few
suggestions. He added the names of
Father ]. A. Murphy, of Topeka, Rep
resentatives Albert Hoskinson, of Fin
ney county, and Harry Brice, of Gray
county He also wanted z. G. Hop
kins, of Topeka, in charge of the
free employment department of the
state labor bureau. Senator Carney
lives in Concordia, Cloud county;
while Senator Sutton lives in st. john,
Stafford county. w. p. FEEDER was
formerly secretary to the public util-
tiles commission. He formerly lived
in Great Bend.
1--WE have the testimony taken in
Kansas City, too" explained Brewster.