The Advocate and news., 1898-09-07
Boyle Won't Give Up,

Last Wednesday Attorney General
Boyle was notified that Judge Williams
had enjOined him from enforcing the
screen law by Injunction In Crawford
county. Judge Williams, 1t appears, only
enjoined Mr.. Boyle from enforcing the law
by injunction. He has not eDjOined him
from applying the other remedy, which
Is the enforcement Of the law by crimi-
nal proceedings. It is probable that At
torney General Boyle can prove to him
that criminal proceedings Is not prac-
tical remedy. In order to enforce the law
by criminal proceedings, some victim Of
the violation Of law must swear to the
complaint, and as the victim must, Of ne
cessity be a miner, he would undOubt-
edly be discharged from the service Of
the company The condition Of the min
er0 is such from the practical serVitude
In which they are held by the mine Op-
orators, that the loss OF his job would
mean starvation. 1t was because Of the
knowledge Of this difficulty and to pro-
tect the miner as much as possible that
Mr.. Boyle sought to enforce the law by
Injunction. This method Of enforcing
a law has been indorsed by decision Of
the Supreme court made a dozen years
ago In case brought by G. @. Clemens.
A Topeka man violated the prohibition
law so persistently that his arrest for
every violation became impraCticable.
Mr.. Clemens held that such frequent vio-
lation OF the law became a nuisance and
he instituted Injunction proceedings.
The Supreme court held that 1t was
proper and practical remedy, and the de-
cision led to the enactment Of law by
the Legislature covering the points
fully.
In the case Of the mine operator he
violates the law several hundred times
day, and 1t would be expensive and Inn
practicable to arrest him for every Of
fense. It will be done, however, If the
issue Of Judge Williams injunction pro-
ceedings prevents the more practical en-
fOrcement Of the law
The scrip and screen laws are on the
Kansas statute books to stay. That is
certain, IL Attorney General Boyle has
to devote the remainder Of his life to
defending them. The victories he gained
in the legal contention that has arisen
from them are his favOrite official vic
tories and he Is unwilling to lose an
inch OF the ground that he has won. He
will not fuss and fume over the action Of
Judge Williams and denOunce IL as an
outrage. He proposes to meet 1t in
dignified and intelligent manner with
supreme confidence that right will pre-
vail and that he will ultimately win.
When the matter was brought to his
attention Mr.. Boyle said: II prefer at
this time not to discuss the case.
have not seen the order Of Judge Will
Jams and do not know upon what
grounds he has based his order will,
probably be served with the order be-
fore l leave for Colorado tonight I
will inform the County Attorney of
Crawford county and ask him to take
no further steps until return, at which
time will go down to the coal fields and
cooperate with him.
"It Is necessary that we proceed in
telligently. While am gone and If
can ward of threatened case Of ma
larial fever will read up and find out
where we are at. Our cause is undoubt-
edly right and we don't want to make
any mistakes"
"But," he was asked, "can federal
Judge interfere to prevent the operation
of a Kansas law when 1t is decided to be
valid by court Of last resort?"
1T Is the old Irishman's case over
agaln-a lawyer told him he couldn't be
sent to Jail, but the Irishman said, I am
in it.
That's all Mr.. Boyle would say for the
present.
Abstinence Brings Good Results.