The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-12-11
DROP WHITE CASE.
Judge Harris Scores Public Of
fieiaIs of Kansas.
He Condemns Course of Gov
ernor and Attorney General.

Emporia, Kan, Dec. 11.-Judge
William c. Harris, of the Lyon COUNT
district court, consented to dismissal
of the William Allen White case on
motion eff the state But his consent
came only after he rendered from the
bench~a singing rebuke to public Of
ficials who resort to criminal charges
and refuse to bring men charged with
offenses to trial. Judge Harris re-
viewed the current political gossip
which followed in the wake of the
White case and severely condemned
the course of the governor and the
attorney generals department in
handling the case
White, bosom friend of Governor
Allen, was arrested charged with vio-
lation of the industrial court law when
he displayed iacards. expressing SYM
pathy for strikers. The case received
wide publicity. Now after the cleo
ton and in the closing days of the
terms of both Governor Allen and At
torney General Hopkins. the state or
ders the case dismissed, altho White
demanded trial.
Judge Harris Comment.
Commenting on the strange and I'M
usual procedure, Judge Harris said,
in part:
THE state has a legal right to a dis
missal of its case. But it is great
wrong to charge a person with Grim
inal offense and humiliate him by ar
rest maliciously or without probabl
cause.-the lay mind associates arrest
with guilt The court is forced to the
conclusion in this case by the conduct
of the moving party, that this case
was commenced maliciously or reck
lessly, without investigation of the
facts to ascertain whether a prosecu-
tien was justified, and in either event
the action was equally reprehensible.
A defendant in criminal prosecution
- e.
think the defendant in this case has
had it. He is left in a most embarrass-
ing position
Judge Harris emphasized the wrong
that had been done Mr.. White by re-
citing rumors which the states per-
Judge Harris said:
The court cannot close its ears to
common rumor that perTades a COM
mIfnity, whether influenced by it or
and Governor Allen with having
planned this matter in order that the
governors political ambitions might
be realized. by demonstrating the gov
ernor's courage in having his best
friend arrested: false of course, but
nevertheless. prevalent public opinion.
Again, prevalent rumor goes that
the plan was laid in order that Mr..
White might be arrested, pretending
that he was in sympathy with the Ia
Dor unions in posting the placard that
he might afterward consistently advise
the strikers to cease the use of the
placards, and thereby minimize their
efforts. In short, rumor declared that
the suit enabled White to pretend
sympathy and then betray the strik-
ers. Equally false, of course, but
nevertheless a prevalent belief .
! slfCourts should not be used for other
purposes than the administration of
Justice, and when rupors of this kind
are so prevalent and persistent as to
indicate public belief. it is only fair
and proper that q public trial should
be had and false impressions removed.
Otherwise the laity will believe that
courts may be used to crafty any
within or purpose that may be con-
ceived whether justified or not