The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-27
Gov. Allen Asked to Dismiss
Charge Against Buckner.
Missouri Anxious to Remove
Prisoner From Kansas
REFUSE TO RELEASE HIM
Course Sought Under Decision
of State Supreme Court.
Calls to Mind Famous Case
Against Jay E. House.

Efforts are being made today to in-
duce Governor Allen to direct the at
torney general to order dismissal of
the murder charge against William E.
Buckner in Wyandotte county. Thru
use of the power which the supreme
court has held is vested in the COVER
nor. Missouri may be able to make use
of an extradition writ and send Buck
ner to the gallows if a jury finds him
guilty of the killing of Clifford Rhea.
Cameron Orr, Jackson county, Mis-
souri,, Prosecutor. and A. L. Berger.
employed as special counsel for the
Rhea interests, are here today in an
effort to bring about action which will
permit the removal of Buckner to Mis-
souri,. At present Buckner is in the
Wyandotte county Jail pending trial in
the district court for Rhea's death.
A New Application.
1t is a strange and new application
of the supreme court decision in the
Dawson case which is being used in
the effort to deliver Buckner into the
possession Of Missouri officials. II
the governor can be induced to carry
out the wishes of the Missouri pros
ecutor and Berger, tho, Buckner will
not be tried in Kansas where he will
face life imprisonment Instead pro-
visions of the eXtradition warrant will
be obeyed and the defendant will be
denied bail and face the galIows on
the Missouri side. At present Missouri
cannot gain possession of Buckner be-
cause Wyandotte county officials re-
fuse to release him on the grounds
that he stands charged with the muir
der in this state. This stand is taken
in defiance of Governor Aliens writ.
which was issued after Buckner had
been held to the district court.
Dismissal of the Buekner case is
asked under direction of Governor Al
len. This course is sought by Orr and
Berger under decision of the state
supreme court fixing powers of the
governor in directing actions of the
attorney general.
The decision was rendered in the
Jay E. House case in 1911. House,
in political story to Kansas news
papers, told of buying beer over the
bar in a town in this state. His story
was published in ridicule of Governor
Stubbs's utterances to the effect that
Kansas was bone dry state.
Enraged at the story Governor
Stubbs ordered John S. Dawson, then
attorney general and now supreme
court justice, to summon House to
appear at an inquisition. His order
developed a heated debate. The right
of the governor to boss the attorney
general was carried before the SUI
preme court. That tribunal held that
Dawson must obey Stubbss command.
consequently House was called In an
inquisition. refused to divulge where
he had bought the beer and Governor
Stubbs wrote his famous letter in
which he commanded Dawson to hale
House before "a not unfriendly" JUS
tice of the peace.
Extradition Was Approved.
Now the supreme court interpreta-
ton in the Stubbs Dawson House case
is being applied in effort to secure
custody of Buckner. The attorney
generals office indicated today that
both sides might be requested to sub
nit authorities before acton is taken.
However, under tie court decision.
Governor Allen can direct the attor-
ney generals action and the state at
torney can look the matter up later.
An extradition for Buckner's re-
turn to Missouri was approved by
Governor Allen last week on the
showing that the killing of Rhea oc-
Cured in Missouri and not in this
state. If the governor directs dismiss
sal of the Wyandotte county murder
charge against Buckner. the defend
ant may then be removed to Missouri
without further action