The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-23
BITTER WORDS.
C0uneiImen Acrimonious in Dis
cussing Prohibition.
Refuse by Close Vote to Adopt
New Measure.
WAS A SUBSTITUTE
Designed to Take Place Of the
Old Ordinance
Which Was Declared Illegal by
Judge HaZen.
WAS A SUBSTITUTE

The city council OF Topeka viii not
amend the nuisance ordinance, which
was recently rendered uugatory by 4
decision Of Judge Hazen, so that it Will
be of some force The matter was
brought up at an adjourned meeting
Of the council Monday evening. at
which a new ordinance was introduced
combining and simplifying both the
nuisance and the liquor ordinances, but
it lacked just one vote Of having
enough to pass it.
The matter first came up on the
adoption Of the report OF the judiciary
committee on the ordinance. Council
man Morgan, who is chairman of the
committee, and Councilman Hughes,
reported against the ordinance, while
CouneiImeu Roundtree and Elliott re-
ported in favor Of it.
IN order TO get the report before the
council Mr.. Morgan moved TO adopt the
adverse report, and Mr.. foundtree i'm
meoiately moved as q substitute to
adopt the favorable report.
In supporting his motion and in op-
posing the substitute Mr. Morgan said
1t is the duty of the county attOr-
ney TO prosecute penal cases and not
the duty Of the city It is the duty Of
the city marshal to inform the county
attorney of violations OF the state
laws, and then II the county attorney
tory law provides that he can be fined
and Ousted from Office. I am opposed
to having the city take this duty upon
itself and multiply the statutes.
Mr.. Morgan read the state law pro-
vIdIng for the punishment of the COuu-
" attorney who failed to prosecute Ii
qUOr cases when Information is furnish
ed him
Mr. Roundtree called attention to the
fact that there was nothing new about
the proposed Ordiuauce-it com biued
and simplifed the two ordinances al
ready on the statute book remedying
a defect in the nuisance ordinance
which provided for search and seizure
but which did not make the sale Of Ii
Qu0r unlawful
Councilman Hughes: I would like
to ask the city attorney if it Is not the
county attorneys business to prosecute
these cases"
City Attorney Bird: Tt is the cour-
ty attorneys place TO prosecute the
state cases, but it is the city attor-
ney's business to prosecute the city
cases"
Mr.. Morgan: Z am in favor Of the
enforcement Of the prohibitory law, but
I am not in favor Of the city using it
as a means Of raising revenue Filming
iointists and disoFderiy houses is simP-
~ putting 4 license upon that kind of
business, and am opposed to the city
doing that sort Of thing And If We i'm
prison these people. as should be done
If we have an ordinance on the sub
iect. il takes q great deal of money. I
want the county attorney compelled to
take care of these cases
Councilman NeCtels quoted what he
deemed appropriate selections from
Lord Byron and Alexander Pope. and
said. IF these gentlemen can be mag
iued having the gift of prophecy. it IS
possible they might have looked down
the vista of years and have seen these
lord counselIOrs in this council cham
Der sitting here in this year Of grace.
1899. and saying. w hats the sense of
having a city ordinance when you have
a state law hot from the press and IL
might have inspired them to say what
I quoted
We have q different condition of af-
fairs here than exist in most parts of
the state. We have a large city and
there are more violations of the law
than in the rural districts 1t would
cost no less if the county attorney en-
forced the law for We have to maintain
our police system just the same. I
don't know of anyone who is in favor
of running the police court for revenue,
but fines are a necessary adjunct Of the
enforcement OF the law The state law
has both fine and Imprisonment, and
the ordinance should follow the law
The fines would more than pay the ex-
pense of keeping the prisoners The
county attorney is not adequate in
city Of this size
On the vote on the adoption OF the
report. Councilnen Elliott, Nettels,
Burgess. CLANCY, Warner, and Round
tree voted for the favorable report, and
CounciInen Blossom Belts, Morgan
Hughes and Benson voted against it
The vote was six TO five and the favor
able report was declared adopted
Later when the ordinance itself came
up for passage the vote stood the same.
City Attorney Bird called attention TO
the fact that an ordinance required
seven affirmative votes, q majority Of
all counciImen elected and as the or
diuance under consideration had re-
ceived only six votes il was not passed