The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-03-24
ISLAND IN" PAYS
How " Justice. Is Dispensed by
Attorney General.
Taxpayers Must Bear the Bur-
den of His Acts.
GUILTY MAY ESCAPE.
Requirement Is That He Have
Proper g Influence.
Two Cases Recently Disposed of
and Their History.

Leavenworth. county is not the only
place in Kansas where the guilty can
escape punishment on simple promises,
nor is f. B. Dawes the only attorney
who thinks the proper way to enforce
the prohibitory law is to extract prom
Uses from it's Violators. The same thing
has been done right here in Topeka py
the head of the legal department OF the
state of Kansas. The story might De
called, How 1t Pays to Have stand
In; or, Sticking the County for Costs.
During the Labor Day celebration at
Garfield park in September, 1897, one
Albert johnson whose real name was
D. K. Grimes, was arrested for Vlolat-
ing tie prohibiotry law and was twice
convicted the charge. About the
same time Nick ChileS, the colored po-
litical striker and jointist, was arrested
for running joint at the fair grounds
and also convicted, yet neither of these
men has ever been punished for break
ing the law, and by the grace OF Attor-
new General GODDARD they Will escape
punishment altogether.
John J. Etzel was arrested with
Grimes, and they were tried first be-
fore Justice c. p. BOlmar in PotWln-
Both were convicted and Grimes was
sentenced to 80 days in jail and fined
$500 and costs, and Ethel was sentenced
to go days in jail and fined $500 and
costs. The costs amounted to $3.50.
The case was appealed to the district
against Etzel. but Grimes was again
convicted and fined 5000 and sentenced
to jail for 60 days, and also to pay the
costs which amounted to $3.50
Again the case was appealed-this
time to the court of appeals. 1t has
never been tried there. The history OF
the case as shown by the court docket
is something as follows:
June II, 1S9S-Case filed. Set for hear
ing at November term.
nov. 8, 1S98-Stipulation filed contin-
uing case to March, 1899, signed by
George r. Smelling, assistant attorney
general under l.. c. Boyle.
March IA, 1S99-Continued to June
1899.
June 10, 1S99-Contfnued to November,
Nov. IA. 1899-Continued to March,
1900.
March 10, 190O-Continued indefinitely.
The history of the Chiles case is al
most exactly similar, except that 1t was
tried in the district court to begin with,
and Chiles was fined only $lOO ana SEN
fenced to 80 days in jail.
The extreme regularity with which
these two cases have been continued
has caused considerable comment The
comment will be augmented when 1t IS
known that Attorney General Godard IN
person asked the court of appeals in
omen court to indefinitely postpone fur
Their consideration of the cases. and
to order them left off the docket unless
they shall be again ordered on at some
future time
This means that the prosecution is al
an end and virtually amounts to dis
missal, and Shawnee county will pay
the costs.The clerks costs in the Grimes
case alone amount to $132S0, besides
the expense of the trials.
The ground on which Mr.. GODDARD ask
ed that the cases be taken off the dock
ct was that the defendants had quit the
business, and they or their families
might suffer if they should be punished
for their wrong-doing. Is it any wonder
that it is hard to enforce the prohibit
tory law when law breakers are dealt
with in this manner? Or that people
complain that liquor prosecutions cost
money when the officers allow the guilty
to escape punishment after being twice
convicted, and compelling the county to
pay the costs?
The explanations for the actions of
both Attorney General GODDARD and his
predecessor, L. c. Boyle, may lie in the
fact that the defendants in both these
cases are possessed of more or less po-
litical influence. Mr.. Grimes has infiu-
entail relatives. while Nick Chiles is a
vigorous worker among the colored peo-
pie whenever there is an election.
AT the last term of the court of APP
peals in November, the appeal of w F..
Lyle, another convicted jointist, was
dismissed by default of the defendant,
which meant that the judgment of the
lower court would stand and the de-
PENDANT would be punished. The next
day Judge West, Mr.. Godard'S assist
ant appeared before the court and vol
unfairly offered to have the dismissal
set aside and the case continued until
this term of the court, in order that the
| defendant might have another chance
to escape. This term, however, the court
| dismissed the case permanently and Ly-
| tie will go to jail.