Kansas City daily journal., 1896-12-17
DAWES "FESSES UP. :"
ADMITS HE HAS NOT ENFORCED
!. PROHIBITION IN KANSAS.
HAS TRIED HARD, BUT FAILED.
MURRAY AND METROPOLITAN PO-
LICE LAWS RESPONSIBLE.
Recommends Their RepeaI-says Pro-
hibitiOn Sentiment Has waned
Ever Since They Were
Passed-The School
Fund.
HAS TRIED HARD, BUT FAILED.

Topeka, Kas., Dec. 16.-(Special) A few
days ago Attorney General Dawes gave
out an intimation that in his biennial re-
port he would recommend the repeal of
that section of the prohibitory law giving
the attorney general power TO appoint as
sistants for different counties. He refused
at that time to make public his reasons.
To-day, however, he authorized their pub
lication. In doing so, Mr.. Dawes said that
the attorney general would tell the truth
in his report concerning the enforcement
of the prohibitory law. Each preceding re-
port always stated that the law had been
enforced. The present attorney general
says it has not under his administration
nor under any of his predecessors, not
withstanding their reports to the contrary.
In his discussion of the question he carries
out the idea, said to have been advanced
by Governor Morrill, last summer, that the
law cannot be rigldly enforced unless local
public sentiment is in favor OF its enforce
ment. In regard to the prohibition ques-
tion, the attorney general says:
"A report from this Office would hardly
be considered complete without few
words on the subject of the enforcement
of the prohibitory liquor law. This law
has not been as we'll enforced for several
years as the other criminal statutes, not
withstandng the fact that the office has
spent more time trying to enforce it than
any other law upon the statute book, and
perhaps more time has been spent for its
enforcement than for all others combined.
In many of the large cities of the state,
there has scarcely been an effort made to
enforce this law for years. In many places
l am informed that saloons are running
almost as openly as under the old dram
shop law. In some places, the law is well
enforced. In some counties the feeling
against the law was so strong that it was
impossible for me to get any person to
take an appointment as assistant attorney
general with the view of attempting to en-
force it.
The Wichita Failure.
"As you will recollect, l appointed an
assistant for Sedgwick county. For six
months an incessant warfare was carried
on in the attempt to enforce the law in
the city of Wichita No abler or more
faithful assistant was ever appointed than
Hon. w. P Campbell. He made a fight
that in my Judgment has never been
equaled in the state, and vet the effort
failed, principally Tor the reason that he
did not receive the moral support of the
people and because of the strong sentiment
against the law in that city.
II appointed several other assistants in
various counties of the state, but l cannot
truthfully say that in II single instance
it resulted in particle of good being done.
l have succeeded far better in the enforce
ment of this law by appealing to the
county attorneys and other local officers to
enforce IT than by the appointment OF as
sistants.
THE principle of local self-government
has been so indelibly fixed in the minds
and hearts of the American people that
the great majority of them rebel against
the idea of interference by outsiders. My
experience has been that assistants do not
receive the moral support of the people.
They are looked upon as interlopers and
meddlerS with other peoples business. This
feeling has a tendency at once to array
the local officers against the efforts of the
assistants so appointed. That portion of
the law practically taking the prosecution
of individuals for the violation of this one
particular law out of the hands of the local
officers and placing 1t i'll the hands of the
governor and attorney general is looked
upon by great many people as un-Amer-
lean and un-democratic Beside this feel
ing the very fact that the people of
given community have the power to call
upon the governor and the attorney gen.
eral to enforce this law has a strong ten
quietly to fold their hands and close their
eyes to their duty toward the law and to
come to the conclusion that the only duty
they ought to perform is to sit down quiet
ly at their homes and write q letter to the
attorney general.
Prohibition Sentiment Waning
1.-The facts are that ever since the en-
actment of what is known as the Murray
law and the Metropolitan police law. pro-
hibition sentiment has been on the wane in
Kansas. The enforcement of this law 1Sust
be brought home TO the people at once or
prohibition in Kansas will prove failure
When the people stand behind the law
when local sentiment is behind it, it can
and will be enforced. but If the sentiment
Tor its enforcement is allowed to die the
law Will prove a failure and a dead let
ter. Being firmly convinced by two years
of experience of the absolute correctness
OF the views expressed, it is my candid
judgment that that portion of paragraph
25i6 of the general statutes of 1889, which
makes it the duty of the attorney general
TO appoint assistant attorney generals for
the various counties of Kansas for the en-
forcement of this particular law should be
Immediately repealed. For the same rea-
sons, and for the additional reason that |
believe it to be source of political cor
ruption, I think the Metropolitan police
will place the responsibility where it be-
longs, directly upon the people, and thus
compel the people in each community to be
directly responsible for the enforcement
or non-enforcement of the law in their To-
cality.'
School Fund Reform.
In his report the attorney general has
considerable to say concerning the law
governing the school fund commissioners
and makes some timely suggestions as to
needed legislation in thar line. He makes
Il suggestion that was probably never
thought of before and that is to enact
law that will compel the sale of all kinds
of state, municipal, township or school
bonds to the person agreeing to take them
at the lowest rate of interest instead of the
highest premium. In reference TO this
matter, he says:
The law as it now stands makes it al
most impossible for us to buy many of the
best securities. II provides that in max
ing investment the commissioners should
give preference to the bonds of the state
of Kansas. school district bonds and re-
funding bonds. when the same can be pro-
cured most advantageously to the said
fund. but they shall not pay for any state
school district. or refunding bond il: any
case, greater sum than the par value of
the same. Now the facts are that all the
of interest are above par in the money
parkets. IT is always the best bonds that
bear premium. BY the provisions of this
law, the school fund commissioners cannot
buy bond which commands a premium
II follows that the very bonds that ought
to be purchased with this most sacred of
funds invariably find a market in the