People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-07-18
qenple's 1anire,
Entered for transmission by mail at second
C-.e- rates.
Dawes After County Attorneys.

CLOSING Une Sal00DS ana johns III SeN
eraI counties in Kansas. He addreSSe
a lettertO J. A. Clark. the DemOcrati
county attorney Of Brown county; an
other to A. B. SwitZer of Labett
county: one to f. J. Harris, county at
t0rney Of Geary county, and still an
other to ]. W. Po0re, county attorne,
OF Linn county. In each instance Nj
Dawes gives the county attorneys tel
days in which to close the joints AMI
saloons in their respective cOuntie!
and informs them that unless it il
accomplished in that time he will ap
point assistant generals to assist the
county attorneys in enforcing the law
In addressing Mr.. Clark, the attOr
ney general refers to paragraph 254;
of the general statutes of 1899, also
paragraph 2j46. He than says:
81 do not believe that under the pro-
visions of the prohibitOry law that it
is contemplated that county attOr-
ney,lOn being notified that the law
was being openly violated, that such
county attorneys should sit quietly in
his Office and wait for somebody to
come and offer to make complaint a.
gainSt violatOrs of the law. | think
that when the Legislature said that he
should make diligent inquiry it meant
Just what it said. | know under the
decisions of the courts information
must be verified before warrants can
issue. The court has also held that
person verifying such information
must have in mind when he verfeS it,
some particular sale or sales. This be-
ing the case, it is difficult for the
county attorneys TO charge the unlaw-
Tul sale Of liquors specifically, that is
10 say, it is ditliculttO file any inform
alton simply charging the viOlatOr Of
Uhe law with making any specific sale
and many county attorneys have TAX
en- advantage Of this fact aud have
seen fit to apparently be in favor of
tile enforcement Of the law and are
constantly declaring their willingness
TO enforce it, providing some one hav-
Ing actual knowledge will make CON-
pIaint, There has been too much of
this foOliShness.n
Mr.. Dawes refers again to the prOvi-
sion Of the statute and cites paragraph
2j33 of the general statutes referring
70 the maintenance of nuiSanceS on
the part of the yiOlatOrs of the law.
He then says:
The maintenance of a nuisance
may be procured by proof of sale of
any person. Besides this may be
offered EprOOf of the character of the
people who frequent such places.
That is to say, the fact that they 60
N sober and come out drunk, the
fact a bar is kept, bottles, glasses,
beer kegs and all those things. Now
these are things that the county at
GOrney in obedience to paragraph
2545 may come in possession of such
knowledge that he can conscientious
5iOusly verify an information charg-
ing the maintaining of a common
nuisance. think that any county
attorney If he desires to be informed
and he shall diligently inquire into
the facts of such violations can gain
sufficient knowledge to warrant him
N charging the maintaining a COM
mon nuisance. In my judgment the
very appearance of saloon, or of a
place where intoxicating liquors are
kept for sale, with all its bars, bottles
and fixtures kept in such a place is
enough to satisfy you or any other
county attorney. that nuisance is
being maintained at such a place"
Continuing, Mr.. Dawes refers to
paragraph 1888 and recommends in
junction proceedings as the best meth
cd because under that proceeding it is
only necessary to file petition. The
attorney general mentions the CON-
plants that have been filed in his
office touching upon the violation of
the law in Brown county and again
refers to the statutes and cites para
graph 2,546. Continuing he says:
NOW Of the saloon business that is
being carried on in your county, it is
because you are either unable to en-
aore Tue law or because you neglect or
refuse to enforce it, and the law is
plain that if you are unable to do so.
1T is my duty to make the attempt
and l shall not hesitate to perform
chat duty. l am willing to give every
one chance to do his duty before
taking action and will now say to you
shat if within the next ten days you
shall vigorously proceed to close the
saloons and Joints in your county,
no assistant attorney general will
DE appointed for your county,
outfit at the end of that time they are
running in your county l will appoint
enough assistants to close them"
The communication ic o1Osod ,,;tl,