The Topeka state journal., 1897-08-03
WHILE THEY S0UABBLE
The Joints Continue to Thrive All
Over the Citv

There is a disagreement among the
legal talent of the city as to the power
of the police judge in proceeding against
jointists who have forfeited deposits on
the charge of maintaining nuisances. All
the officers seem anxious to avoid the
responsibility.
Saturday City Attorney Bird refused
to ask for alias warrants for the seven
jointists who forfeited their deposits and
thus avoided the so days Jail sentence.
He held that he could find no authority
for such action. He did, however, make
a motion to Judge Atchison for substi-
tute warrants to be issued for the joint
lists.
Mr.. Bird when asked what would be
done, said
"Of course will have to defend that
motion, but 1 doubt if they will hold.
1 told Mr.. Frank H. Foster that if they
had information against these jointists
and that if they would sign complaint
[ would issue new warrants and there
would be no misunderstanding, and
they would hold"
Judge Atchison said:
Charlie Curtis told me that when he
was county attorney some warrants and
complaints were lost in certain cases,
and that when they wanted alias war
rants or substitute warrants they were
refused. L doubt if substitute warrants
would hold good in these cases.
The whole trouble arises from the fact
that the specific papers in various cases
have not been preserved. The COM
plants and warrants for the seven
jointists were destroyed after the de-
pOSitS had been forfeited. Following a
custom of previous police administra-
tions, all complaints, subpoenas and
warrants have been left in charge of the
police officers and after a forfeiture
were torn up, or if there was a convic-
ton, after ten days had elapsed. Were
the complaints and warrants for the
seven jointists now to be had, it is said
that the alias warrants would be is
sued for them instanter, but some 9TH
er loop hole might then be found.
In speaking of it Judge Atchison said
| today:
'"The police commissioners do not
furnish me any means of filing away
| papers. I have followed the custom of
Judge Ferry and Judge Ensminger in
| letting the police take the papers and
| after the cases were closed they de-
stroyed them. If 1 were.required to file
and keep these papers would do it,
but I simply turn them over to the Of
| ficers when the case is over. OF course
my records show the disposition of the
cases, but the specific papers, such as
| the warrants and complaints, are given
| over to the officers.
"I saw MeSSrS. Larimer, Vance and
Foster and told them that I could not
| issue alias warrants, but that if one of
| them would attach his name to COM
| plant against them, or would get some
| one to do it, 1 would issue the warrants
| Then the exact evidence which would
| have been used in the cases could be
used. But they would not do it. l
| conferred with some prominent lawyers
| about the matter and they advised me
| that I had not the authority to issue
| alias warrants"
Frank H. Foster said:
1.-The cases will be pushed right along
| "A motion has been made for SubSti-
| tute warrants, and I think they will be
| issued. The question may come up at
that time as to the legality Of such act
| ion.''
An edict has gone forth from the
| police department that all joints shall
| be closed. This has had the effect of
making the jointists close up tempor-
| arily and then to reopen under close
cover.
There are any amount of joints run
| ming in Topeka today, but probab bly, on
| ly those whom the jointistS know to be
'tall right are admitted.
Chief Steele has caused the arrest
! lately of numerous small joints and a
| few large ones. The temperance COM
mittee proposed going after the law
breakers, and Chief Steele is beginning
| to feel the lashing of public sentiment
| against his uncertain course.