The Topeka state journal., 1922-05-09
Topeka Attorney Says Attorney
General Stole Records.
DOran CriticiseS Action of Hop
kinS in POehIer Case.

Charges that Richard J. Hopkins,
attorney general, was subject to cita-
ton for contempt of court because OF
his actions in the wholesale grocery
cases were made before the supreme
court today by Thomas F. Doran,
prominent Topeka lawyer. Doran
pleaded for return of books, records
and information seized by the attor-
ney general in raids on the Poehler
Mercantile company plants in Topeka,
Lawrence and EmpOria under a writ
of mandamus.
In blistering indictment of the
course of the attorney general in tie
Poehler cases, Doran declared that
Hopkins was guilty of stealing records
and refusing to return them after an
order had been issued by the courts.
He also asserted that. some of. these
records had been used by Hopkins as
evidence in an entirely independent
action and before another tribunal.
Hopkins asked permission to retain
the documents because the states
criminal action against officers of the
Poehler company was declared to de-
pend on them. ------...-..
do you contend you can use rec
ords seized in this manner in the trial
OF a criminal case?" asked Justice
Dawson.
'I can't say" replied Hopkins.
That is a matter for the Douglas
county court to determine"
Records Taken Two Years Ago.
Records demanded under the appii-
cation for writ of mandamus were
taken by the attorney generals de-
partment two years ago in connection
with anti-trustl suits. Hopkins now
seeks to retain the papers altho two
of the officers of the Poehler com
pany are to be tried on criminal
charges in Lawrence.
Would you be satisfied with the
return of the books and records and
examination of copies made by the at
torney general2" Justice Mason asked
Doran at conclusion of Hopkins state
ment.
Il certainly would not, and Plls tell
you why" said Doran.
Then for ten minutes he delivered
an indictment of the attorney general
for alleged misuse of the power and
authority of his office. He declared
at one time that if he knew the exact
records Hopkins retained he would ask
his citation for contempt.
THE attorney general violated the
order of this court when he did not
return all papers in the Lawrence
case as directed" said Doran. IT have
just learned that he has Offered some
of them in the trial of an entirely diff
ferent action before another tribunal.
If I knew which exact papers ne held.
1 would ask the Doug,as county dis
trict court for a contempt order and
I believe this court has a right to do
that"
That wasn't quite all Doran wanted,
either.
Demand Return of All Records.
We won't be satisfied with the re-
turn of originals seized by the at
torney general in these raids. either"
Doran asserted. I'VE want a writ of
prohibition and demand a return of
all copies and photographs of records
and correspondence as well as the
originals
I'VE don't know what witnesses to
take into court because of the delin-
quency and mismana cement of the
great office of attorney general. To
deny this writ would mean we must
start the defense of these men without
knowing what evidence was stolen
from their offices by the attorney gen
eral of Kansas"
The attorney generals office held
that the records were evidences of the
alleged violation of law and could be
retained under the Kansas statutes.
There was a general admission tho,
that the records were perhaps not ad-
missible in the criminal case. The
civil antitrust action has been dis
posed of.