The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-05-02
CHOOSE YE THIS DAY
JUDGE AT FORT SCOTT CALLS THE
PEOPLE TO A WHISKY WAR.
rom the Bench He Attacks Governor
Leody and tho Police Commission and
Notifies the People That the War Against
Joints Must Begin Now and That Every
Man Must Choose Which Side He VIII
Support - Backs mp the Bold County
Attorney-His Address From the Bench
Given in Full

Attorney-His Address From the Bench
Given In Full.
Fort, Scott, Kan, May Ito an audi
elce OF 500, including saloon men, minis
tiers, city and county officers. prohibition
lists and ti-prohfbitionists, whom he
had specially invited to be present Judge
Waiter L. Simons, of the Sixth judicial
district, in disposing Of liquor case in
his court today, made a lengthy state
ment relative TO the attempt to enforce
the prohibitory law here.
The court room was nearly filled thir-
~ minutes before the time for court to
ronvene. And at o'clock when Judge
Sinons took mis- place and Court Baillff
Harry Voker opened court with: Hear
yei hear We! the honorable district
court OF the state of Kansas is now in
session." the room was filed with ladies
and gentlemen Of all stations and occu-
pations, who had come to hear what
the court had TO say.
the defendant, Mr.. Neubeauer, was
present, and the court, after giving a
history of the case. asked him If he had
paid anything to have the case dismiss
ed. He replied that he had not. Judge
S.mons then stated that both the former
and present county attorney had asked
n have the case dismissed. That Rev
Warner, WHO had employed assistant
council to prosecute the case, had ad-
vised its dismissal. and that he had been
waited upon by three very nice ladies,
NJ.
thought it best that the case be dismiss
ed. Then turning to the audience, the
court said: IF there is any one in this
assembly who has any objection to offer
10 the dismissal OF this case let him
speak now, of forever hold his peace"
No objection was made and the court
announced that the case would be dis
missed upon the payment Of the costs
by the defendant.
Judge Simons sthen gave his reason
sor asking the attendance of the citizens.
and addressed them as follows:
Il am glad to see this large assembly
Of all classes Of people Of this county
While you are here I desire to say a
few words to you, and I hope you will
take 1t kindly. We are neighbors.
Our interests are mutual We must all
either sink or swim together. Hence,
we have every reason to keep in good
hunor, and treat each hother nicely. My
views as an individual are of no i'm
portance. But / feel that this court, as
court, ought to call attention to a mat
ter which lies at the foundation Of the
administration of justice
los fery
atmosphere has been full of rumors, and
the newspapers have contained state
ments that the state administration at
Topeka was bringing great pressure 10
bear to induce the county attorney Of
this county to violate his oath of Office |
and TO refuse or at least neglect, to per-
form his official duty. In plain words |
that he might prosecute the violators OF
all laws except one. That he must not
interfere with the violators of the pro-
hi1itory law, but must allow the state |
administration through the instrument
atty Of the police commission, to per- |
nit the running OF open saloons in Fort |
Scott. on such terms as to division of /
profits between the saloon keepers and |
the city. as could be agreed upon be- |
twen tie saloon keepers and the commits
sion. ] do not know that there is any
truth in these reports. Il is very diff !
cult for me to persuade myself that
there Is. And for the sake of the good
name and credit OF the state l hope
there is not. But il il be true, and I |
repeat that 1 do not believe it is. but
Il il De true that the chief executive Of
this state Is trying directly or indirectly
10 prevent the enforcement Of any law.
then he is assuming a prerogat!ve he
does not possess. The governor OF Kan
see that the laws are faithfully execut-
ed So reads the constitution. He has
supreme power. and it is his duty. TO see
that the law is enforced in this judicial
District. But he has no right or power
to, nor shall he. prevent any proper Of
ticer in this district from enforcing the
law. The police commission law was
enacted to enable the governor to en-
force the pronibitory law in cities Of tn
nrst class in which it was Jared tina.
local public sentiment might induce the
lacai officers TO disregard the law. A
policy which denied the right Of home
rule. and placed the city under the con-
troll Of officers not chosen by the people.
always seemed inconsistent with our
theory of self-government. even when
those officers faithfully enforced the law.
But that policy Is outrageous in the ex-
IRENE, when the commission is expected
70 Systematically encourage. or at least
wink ar. the violation of the law. It is
lutte apparent TO the careful observer
hat This Is critical period in our af-
airs "a a city and county.
we have now arrived at a period
'"here two ways meet or. more prop.
'iiy speaking. where the way parts. The
aw must either throttle crime now or
'Fl-ne VIII soon throttle the law. Every
county attorney in this judicial district |.
fnemoer or the same political party a..
Is the STATE administration. And 20
aeir credit / want 20 say that every one
4 t2oSe attorneys is now faithfully trv-
ng 70 enforce the law. In the honest en-
orcement OF all laws they shall have
whatever encouragement; this court can (
I'VE. But in the position occupy ex-
ress no opinion whatever as TO the pol
" Of prohibition. II might be in bad
aste for me 10 do 50. That question is :
D be settled. by the people through the
legislature; and the people, the real
ource Of all political power, can settle
any way they wish Courts SIMPLY ad-
Minister the law as they find II. This
curt viii do that without fear, favor
: partially.
81. is not q question OF politics that
onfroutS US. but Of law and order. This :,
no time to taik'about who shall admin
Ter the government in this county. The