Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1895-06-19
The Matter Rests at Present.

u
The board of county commissioners
met yesterday as per agreement to
hear the grievances of the citizens who
protested against the action of the
majority of The board in RENTING fines
and costs of the liquor sellers. G. NJ.
Martin, the citizens attorney stated to
the board that he would simply refer
them to the attorney generals letter
and leave them to judge whether they
have acted in accordance Herewith.
While it may seem to be settled, to an
outsider. we fear such is not the
case. This thing may be made to ex-
tend to considerable length and it won't
be the commissioners alone who will
be brought to account. 1t only goes to
show how much difficulty a blunder
like this will create. The attorney
general was somewhat belated in his
reply but this letter virtually settled
the matter so far as the commissioners
were concerned, the latter claiming
that they have acted in accordance
with the law therein laid down.
John Wyer dlssents. We publish the
letter below and leave the readers to
Judge for themselves.
Topeka, KAs., June u, 1895.
LEON BEALs, County Attorney,
Medicine Lodge, Kansas.
DEAR SIR-Yours of the 5th inst.
duly received. In reply desire to say
that the opinion rendered by you to
your board of county commissioners is
correct. Our supreme court, in the
case of State VS. LOCKER. So Pac. Repr.
2SS, decided Nov. 10, 1894, held that
Chapter 1893 of Laws of 1889, which reports
TO amend the law in relation to the release of
persons imprisoned for failure TO pay fine and
costs, and who are unable to pay the same, is
unconstitutional and void"
The court also held In its opinion.
that this statute being invalid, chapter
III of the laws of 1871 is still an exist
ing law. Hence, your commissioners,
In releasing persons who are unable
to pay their fine and costs, must be
governed by this law of 1871. Under
this law the commissioners would have
no right to release a person from the
payment of any portion of the fine or
costs, but they would stand against
him, and would be subject to collection
by execution the same as any other
judgment. 1 am. deslrous that you
urge upon your commissioners that
they treat persons convicted under the
prohibitory liquor law, and sentenced
to pay fines and costs. just the same as
persons convicted of other misdemean-
ors who are also sentenced to pay fine
and costs. Persons who have been con-
yicted under the prohibitory law should
not be released from Imprisonment un-
til such time as they are ready to quit
the violation of this law. Your coun-
ty commissioners are likely to get
themselves into difficulty if they pursue
any other course.
After an oruer has been duly made
by your board of county commissioners
1t is just as valid and binding before
being entered on the record as after
and the fact that it had not been enter.
ed on record would give them no great
er power in the resembling of the same.
or reversing their action in regard tC
1t, than if the same had been made OF
record. It'll the action of the commits.
sioners, and not the record, that settles
the matter.
would have answered this letter
sooner, but the rush of business in this
office has been SO great as to make it
impossible. Yours Very Truly.
F. B. DAWES, Atty. Gen.