The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-07-08
PLAIN TALK.
Attorney General Boyle De-
clares For ResubmissiOn
In a Letter to the State Tenn
perance Union.
OPPOSED TO THE LAW,
But Promises to Prosecute LID
uOr Cases Faithfully.
Draws the Line on the Appoint
ment of Assistant Attorneys.

Attorney General Boyle today sent
his reply to the secretary Of the state
temperance union outlining his position
on the prohibitory law. Mr.. Boyle says
that he is a Tesubmissionist and viii
not appoint assistant attorney generals
to assist in enforcing the law but that
when it becomes his duty to prosecute
liquor cases he will do so.
Following is his letter:
T. E. Stephens, Esq, Topeka, Kansas.
Dear Sir-Yours as secretary of the
Kansas State Temperance union, and Of
date June %, 1898, received. Delay in
answering has been unavoidable.
Your inquiry is to the effect that as I
have been nominated for attorney gen
eral, the temperance union desires me
to furnish it my views of the duty of an
attorney general, touching the enforce
ment of the prohibitory liquor law. And
further, what my purpose IS IN refer
ence to the enforcement of this special
statute in the event of my election.
The inquiry you make is frank and
to the point, and it is my purpose to
swer you in the same spirit. The union
is entitled to the information requested,
and desire to so express myself that
no one can fail to understand nay posi-
tion.
The suggestion naturally occurs, ,Vp7e-'
are the duties of an attorney gener.
reference to the enforcement of the
hibitory law? AS I understand r
statute his duties are twofold.
First, it devolves upon him to attend
to liquor cases as well as all other Grim
inaI suits that go to the appellate courts
or to the supreme court.
Second, whenever, in his Judgment,
the facts warrant it, it is his duty to ap-
point assistant attorney generals to
take charge Of the practical prosecution
of liquor cases. In other words, as
sistant attorney generals may be ap-
pointed by the attorney general when
ever it is made to appear that the coun-
ty attorney fails to do his duty in en-
forcing the prohibitory law.
The statute makes it mandatory upon
the attorney general to attend to cases
appealed from the trial court; and
consider it the duty of an attorney gem
eral to earnestly, and to the best of his
ability, prosecute liquor cases so ap-
pealed, and in the event of my election
shall faithfully pursue such a course.
The other duty, that is the appoint
nFent of assistant attorney generals, in
wolves, of necessity, the exercise of dis
cretiOn. It is in the exercise of this
discretion that a mans judgment will
in the very nature of things, be infiu-
enced by his sympathy for or against
the policy of this class of sumptuary
legislation.
L am not a pF@n1DlIlOn1SI. am not
in sympathy with the spirit OF the law.
desire to do my duty in all things, yet
L frankly admit that in the exercise Of
discretion IN appointing assistant at
torney generals my judgment may be
more or less Influenced by my convic-
tiOns. Thus far 1 have appointed no
assistant attorneys to enforce this law.
Whenever an attorney general has in
the past exercised this power there has
resulted enormous expense to the cOun-
ty, bitter dissensiOn in the locality, and
the results have never amounted to
anything so far as the better enforce
ment of the law is concerned. Disguise
it as much as you will, the plain fact is
that where the local sentiment is
strongly against the law, it rs simply
an irritation and expense to send as
Sistant attorneys to such a locality. 1t
is a begging of the question to say that
horse stealing might be popular in GER
tain localities, hence the law could not
be enforced against horse stealing.
There is a broad difference between a
law that declares against the commits
sion of an act that is in its very nature
crinliaaI-a crime per se-and a law
which seeks to regulate what man
shall eat and drink. My position can be
briefly stated to this effect:
First: 7 will honestly, and to the best
of my ability, prosecute all liquor cases
coming to the supreme court or appellate
Second: am not in favor of appointing
appointed any since nave occupp4Ieo p4 - us @
| position, and in all probability viii not as
: L
I trust I have made myself Thoroughly
understood. have expressed these sen
| timents with the greatest respect for the
! good men and women who are devoted TO
| the principles represented by our prohipl-
/ tory law; and, although they may not ap-
prove my official attitude, 1 trust they
] will give me the credit of honest eandor-
| I know the custom has been for candi-
/ dates to dodge this issue. In other words
/ they have literally followed the injunction
| of the. great Apostle Paul; They became
| all things to all men. The candidate
| wants votes and, therefore, when in the
| country districts, and where the sentiment
/ is strongly prohibitory in character, mis-
| policy is and has been to advance the
! prohibition foot; but when in the larger
| cities. and where the sentiment IS strongly
| anti-prohibition, the resubmission or anti
| prohibition foot is shifted to the Iront-
| AS for myself. 7 will admit that y could
| be happy with either, were tother dear
| charner away" But the day for dlTta-
| ton, double dealing and hypocrisy is past.
! The people are entitled to know what men
| will do if elected to office. I hope there
| viii be no misunderstanding as to my po-
| L. @ BOYLE,
| Attorney General