The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-11-01
DUTIES OF THE OFFICE.
Supreme Court Has Defined Those of
County Attorneys.

The opinion of the Kansas supreme court
in the case of the State versus Foster
printed in the thirty second Kansas, ap-
plies exactly to the situation in Shawnee
county. The case was brought against
County Attorney John Foster, of Saline
county, in 1850, to Dust him from office be-
cause of his failure to enforce the prohib-
itory law. The Kansas supreme court
ousted him from office. The case was
carried to the United States supreme court
and the decision of the Kansas court was
affirmed The following is from the
opinion by the Kansas supreme court:
"a county attorney before entering upon
the duties OF his office must take and sub
scribe an oath that he will support the
constitution of the United States and the
constitution of the state of Kansas, and
faithfully discharge the duties of his Of
fee. After utteTing this oath, he cannot
sit down with folded hands and refuse to
perform the duties imposed upon him,
solely Ipll the ground that the sentiment
of the community or county in which he
resides is in opposition to the enforcement
of the criminal laws of the state Such &C
ton his part would tend to increase
lawlessness. Under such a doctrine the
more lawless the community, the less the
criminal prosecutions. Such action would
be a temptation for malefactors to create
sentiment against the criminal laws, and
to a great degree the law-loving and law
abiding citizens would be at the mercy of
the vicious and criminal classes. The state
owes the duty to it's citizens to protect
them in the full enjoyment of all their
rights and if the lawless element of any
community or county happens for the time
being to be in the majority, the orderly,
peaceable and quiet citizens ought not to
be subjected to their domination. The
laws of the state ought not to be sus-
pended at the will of any class. much less
of a class who ffagrantly avow their de-
termination to defy the law
1.-The county attorney within his county,
to a certain extent. is a representative for
the state He is the officer upon whom
the state relies for the prosecution of all
criminal offenses within his jurisdiction.
If he fails or refuses to act, the law is
voiceless and powerless. 1t is paralyzed.
1t protects no needing protection; 1t
Furnishes no one deserving punishment. If
a county attorney vigilently and earn astly
discharges his duty. by frequent prosecu-
lions in a community seemingly indiffsr-
ent to the enforcement of law, his action
will of necessity, call the attention of the
public to the disregard of law aud the
dangerous consequences following there
from: his action will oftentimes result in
enlightening public sentiment and in crys-
talizing public opinion in favor of enforce
ment of law. If a county attorney may
wilfully refuse to act in one particular
class of criminal offenses, on account of
the opposition to be expected from the
sentiment of the community in which he
resides, he may refuse for like cause to
act in all classes of criminal offenses.
will not attempt to enforce the prohibitory
law in his county he has also the discre-
ton to refuse to enforce the statute relat-
ing to murder, larceny, forgery and the
other crimes. It cannot be that county
attorney has such discretion or power