The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-11-14
WHITE ASKS TRIAL
Urges Attorney General to Pro-
eeed With Famous Case.
EmpOria Editor Wants Fair
Tests in the Courts.

William Allen White has called
upon Richard ]. Hopkins, supreme
court ,Justice-elect, to proceed with
the prosecution of his suit for viola
ton of the anti-picketing section of
the industrial court law. With the
election almost a full week opt of the
way, II seems that Hopkins has writ
tea 70 County Attorney Boynton of
Lyon county indicating a desire to
drop the case. In the meantime Hop
kinS hes gone away on a wedding trip
White. in an editorial in the Gazette,
doesn't want the famous Henry and
Me, case dismissed without at least
a fair test in the courts He refuses
to-permit the state to drop the case
merely because it dragged thru cam
paign and election in which the at
torney- general was much Interested
In spite of the fact that the elements
of publicity are now removed, White
asserts that Governor Allen himseIr
must force a fair and square trial OF
Whites Editorial.
Asserting that the retiring attorney
generals action tends TO ku-klux
him. White in an editorial in the En-
poria Gazette says:
This statement Of the attorney gen
eral is surprising, but no one who
knows anything Of Governor Alien
fighting spirit can believe for minute
that he will quit IN this case until 1t
has been tried and appealed to the
highest possible court. Any other
course would look like a shameless
frame-up for publicity that would
damn us both out of public life Here
is a point that never has been oe-
cfded by the American court Is II
picketing for an outsider IN INDUSTRIAL
controversy to express decent, tenn
aperate opinion upon one side or the
other in a strike
Right of Utternnce at Stake.
Il claim that this right Of utterance.
whether by word. or press. or placard,
is a fundamental right. defted the
governors order to test that right.and
TO show my absolute good faith I took
down my placard after the arrest ana
advised all merchants in Kansas to
dake down thfer placards while the
case was pending in the courts, so that
as good citizens we might obey the
law while awaiting the orderly process
of law
TT is unthinkable that this case
should be continued or dismissed The
facts are indisputable. 1t is merely
question OF law. It is an important
question. 1t should not be open for
Governor TO deny the right of free
utterance to any citizen II the gov
ernor was wrong. or If ] am wrong, 1t
should not be possible for any citizen
40 mistake his rights
Doesn't Want To BE 'Ku-K1uxed."
IF I am re-arrested and not to be
tried. have been merely lKu-Kluxed.
Whatever attitude the attorney gen
eraI may take, have unbounded faith
that the governor will brng this case
to trial. and II it can be appealed to
the supreme court thru my convic-
lion upon the facts. that the admins
tratfon will fight the case honestly
and vigorously thru the courts.
Governor Allen is too good a sport
to quit this case now. don't mind
arrest. / don't mind conviction.
don't mind even going to jail to prove
10 the people of Kansas what kind of
n law they are carrying on their books,
but L would not like TO rest for life
hinder the suspicion of taking up a case
that means nothing and gets nowhere
just for a little notoriety."