The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1890-10-29


THERE has been considerable talk
among our democratic friends about. the
costs that have been entailed upon Ford
county by the prosecution of liquor cases
by the present county attorney. Every
body knows the source of this talk. 1t
originates in the first instance and prin-
cipally from men who are interested
financially in the perpetuation of Joints
in this city, and from those Immediately
connected with them. They raise the cry
as scheme to cause men who believe in
enforcing the law because it is the law.
to hesitate in supporting the officers
whose duty it is to enforce every law
without discrimination. Now we desire
to cite our readers for information upon
this subject to section 1916 of the COM
piled laws of 1889. 1t reads as follows !:
1T shall be the duty of the county at
torney to diligently prosecute any and
all persons violating any of the provis-
ions of this act (prohibitory law in their
respective counties and to bring suit
upon all bonds or recognizances forfeited
Immediately upon the happening of such
forfeiture to recover the penalty and to
pay all money so collected, less his fees
for collecting the same. as herein pro-
vided into the school fund of his county.
If any county attorney shall fail, neglect
or refuse to faithfully perform any duty
imposed upon him by this act, he shall
be guilty of a misdemeanor and upon
conviction thereof shall be fined in any
sum not less than one hundred dollars
nor more than five hundred dollars and
be imprisoned in the county Jail not less
than ten days nor more than twenty DAYS
and such conviction shall operate as
forfeiture of his Office, and the court be-
fore whom such conviction is had shall
order and adjudge such forfeiture of Of
flee in addition to the fine imposed as
herein provided. And wherever the
county attorney shall be unable or shall
neglect or refuse to enforce the pro-
visions of this act in his county, or for
any reason whatever the provisions
of this act shall not be enforced in any
county, it shall be the duty of the attor-
ney general to enforce the same in such
county. and for that purpose he may ap-
point As many assistants as be shall see
fit. and he and his assistants shall be au-
thorizei to sign. verify, and file, all such
complaints, infOrmations. petitions and
papers as the county attorney might veri-
fy or file and to do and perform any act
that the county attorney might lawfully
do or perform; and for such services he
or his assistants shall receive the same
fees that the county attorney would be en-
titled to for like services to be taxed and
collected in the same manner, except
that in all cases where there shall be
and the attorneys fees as
provided for in this act shall not be paid
by the defendant within one month after
his release from Jail. the county where
such conviction is had shall then become
liable to the attorney general or his as
sistant prosecuting such case for the fee
of $500 upon each count upon which
the defendant shall have been convicted"
Now we ask of any unbiased man upon
whom does the liability for costs lie:
tlnquestionably upon the head of him
who violates the law and upon the heads
Of those who assist and uphold him in
the violation Of it. The law is upon the
statute book and so long as it remains
there it must be enforced by the county
attorney who, according to the law, re-
,eives no fees from the county for his
services. and if he neglects or refuses to
10 his duty the attorney general must
enforce it at an additional cost to the
county.