The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-13
John Callahan Applies for Ha-
beas Corpus, q. S. Court.
Asks That Row With Supreme
Court Be Investigated.
A "SLANT" At HENRY ALLEN
"Has Eye on COIOred Vote of
Wichita" Callahan Says.
Declares Act of Imprisonment
Was "Legalized Kidnapping"

Apologizing to the court for super
! fIuous matter John Callahan, con-
fined in the state penitentiary for bank
robbery today filed an application for
a writ of habeas corpus in the federal
district court, asking the court to in
! auire into his row with the Kansas
| supreme court.
Callahan signs the application. APP
parently he write it himself. The ap-
plication is a literary gem and in ad-
dition to that throws side lights on
Kansas politics. for, he alleges, politics
has had an important part in keeping
him in prison.
The theme of CalIahan's complaint
is that he is kept in the penitentiary
on a commitment from the Kansas
supreme court issued after the pro-
bate court of Leavenworth county had
decided that the state released ITS
rights to Callahan away back in 1917
when it permitted federal officials to
take him for prosecution on a charge
! other than the one before the supreme
| court.
Back to Vernacular.
There are parts of the application
that dispense with all pretense at
1 legal Verbiage and revert to the
/ vernacular. He declares that no APP
peal from the decision of the probate
. court of Leavenworth county has ever
! been prosecuted and that, therefore,
/ that judgment should stand lie
maintains that he is held in prison in
violation of the fourteenth constitu-
tional amendment; that he has been
/ denied the right to question the pro-
! cess by which he was placed in prison,
the supreme court having failed to
grant him a hearing for habeas
corpus He declares that he was de-
| 70 hn q a Il
porary restraining order issued by the
supreme court prohibiting all state
/ courts from granting a habeas corpus.
The county attorney of Sumner
county. says Callahan, made an aff1-
davit before the supreme court for
temporary restraining order against
all other state courts before the su-
prcme court passed its final judgment
and that he was placed in the peniten-
tiary before final judgment was
passed.
Attacks Supreme Court
at seems to the plaintiff says Cal
lahan that the county attorney of
! Sumner county was using the Kansas
supreme court as a catspaw with
which to place Callahan in the peni-
I Tertiary right or wrong and that the
supreme court was willing to be used
as a catspaW in this matter"
/ Because of the fact that Callahan
was turned over to federal authorities
/ in 1910 he states in his application
/ that 1.-The supreme court had no more
! jurisdiction over Callahan in Novem-
Der, 1914 (the date on which he was
! committed to the penitentiary) than it
now has over Kaiser Bill of Germany.
/ He declared that in November, 1914,
! the mandate of the Kansas supreme
/ court, issued in 1910, had been fully
complied with.
Callahan tells of an effort he made
| to secure a parole from the governor,
/ but he does not give the date the APP
! plication was made, nor the name of
! the governor. He tells of other men
whose records were parallel with his
who were paroled while he was kept in
/ the penitentiary.
Governor Advised by Henry Allen.
| THE governor. being ill-advised bv
| one Henry A. Allen, who has an eye
/ to the colored vote in Wichita. over
which the plaintiff is presumed to
have some control says Callahan,
! land which Henry desires to control
/ in the coming election, held that Gala
/ han had not served long enough"
Then he complains about one pris-
! oners being released on parole while
/ another with a similar record is held.
/ THAT may be the law" says Gala
han, but we are from Missouri. If
/ that is the law let's do away with the
I parole boards and allow the governor
/ to say when persons shall come out,
according to who is for or who is
| against him"
/ He declares that numerous respon-
sble people who knew him recon-
mended his parole, all except Henry.
who happens to know nothing about
/ the facts in the case and who is in
| spired by political views"
/ Callahan says it is true that the SUI
preme court didn't go so far as to re-
strain the federal courts but that the
! only reason it did not was because i
/ knew the federal court would not in
terfere as long as the supreme court
1 had not passed on the case.
Once Was Enough.
"In other words" said Callahan.
the supreme court said Callahan, if
you want a habeas corpus come to our
| court or none and Callahan having
had some experience with the Kansas
supreme court did not care to do JUS
/ mess with that firm.
In referring to the manner in which
he was taken to the penitentiary Cal
/ lahan calls it ''legalized kidnapping.
AS an excuse for appealing to the
| federal court Callahan says the Su-
preme court issued its restraining or
/ der against all other state courts to
be in effect until further orders" and
been issued the temporary restraining
order is still in effect.
/ Callahan was originally convicted in
1910 and his case was appealed to the
supreme court and judgment was con-
/ frmed in November of the same year
! The mandate was sent down to the
1 lower court the same month. Then
/ Callahan was turned over to the fed
4 eral government and was tried ana
/ convicted on a federal charge. When
/ he was released he was taken in Gu
tody under the mandate of the Kansas