The Topeka state journal., 1897-05-15
HOW TO ENFoRCE THE Law
The Following is Respectfully Sub
mitted TO County Attorney
Te@v,C~o
[From the Emporia Gazette.l


IF'rom the Emporia Gazette.1
Several years ago when the public
sentiment of Strong City was against
the enforcement of the prohibitory law,
Dennis Madden, who was elected coun-
ty attorney, closed up every town He
says the prOkibitory law is the easiest
law on the books to enforce. In an in
terVlew with a Gazette reporter Mr.
Madden said:
1T is claimed" said Mr.. Madden.
that the prohibitory law cannot be
enforced. Those who make this claim
do not want it enforced. My expert
ence IS, as public prosecutor, that II
IS easy to be enforced when once set
in operation. There are some minor dlf-
fculties to start with, a suit or TWO
may fail because witnesses Will not teS-
tify to the truth, or the jury may not
respond to the evidence; but persistent
and systematic enforcement viii soon
make conviction sure, establish sentl-
ment and demonstrate the success OF
the law. 1 found enforcement by IN
junction the speediest and most EN-
cacious. The county attorney, attor-
ney or any citizen of The county may
maintain an action in the name OF the
state to abate and perpetCally enJoln a
whisky shop.
THE injunction is granted without
bond at the commencement of the suit
Any person violating the injunction
is punishable, as for contempt, by a
fine, not less than one nor more than
ment in the county jail for not less
than thirty days nor more than SIX
months, in the discretion OF the court
or judge. This remedy avoids the IN
terVentiOn of jury. There can be no
jury packing nor O. NJ. 3. ism in the
application of this remedy. 1t IS a
patent process of absolutely 1rreslsu-
ble force. 1t serves the same purpose
as artillery in battle, firing grape and
canister. No joint. drug store or cIup
room can stand against 1t.
I used also with telling effect the
search and seizure provisions OF the
prohibitOry law. If the statement OF
any witness taken before the county
attorney shall disclose where intoXicat-
ing liquors are kept, warrant may
issue for the arrest of the person ana
in addition thereto command the OIL
ficer to seize and take into his custody
any and all intoxicating liquors, yes
sells and bottles containing the same.
This secures the evidence TO convict
with the arrest of the defendant. ON
account of the apparent severity of this
process I only used it in extreme cases,
finding it ordinarily unnecessary; Tor
incOrrigible cases it is the dead shot
1T is claimed that evidence cannot
be secured. This is a trifing excuse
1t is the duty of every sheriff, deputy
sheriff, constable, mayor, mafshal' po-
lice judge or police officer OF any CITY
or town having notice or knowledge of
anv violation to notify the county at
tOrney and furnish names of witnesses
having knowledge of any violation 1t
is the county attorneys duty to dill
gently prosecute all offenders. The
County attorney is authorized to sub
poena such witnesses before him, ex-
anime them, reduce their testimony to
writing and file it as basis Tor ms
information in court. if he desires to
prosecute criminaIly. or for his injunc-
ton petition. It is true, the supreme
court has determined that he cannot
commit witnesses to prison for retus-
inc to testify, but Notwithstanding
this, good citizens will testify before
him and officers will aid him when he
gives them to understand that the lines
must move. Its enforcement is simply
business. 1t must be done in busi-
ness-lille way, by the officers charged
with its enforcement. Like the farmer,
they must pIow and hoe in order that
the harvest may come to reward thelr
toll"