The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-17
ENTER PEEP HOLE
If You Are "All Right" You
Can Get Drink.
JOintists Have Their Outer
Doors Locked.

All the joints in Topeka are closed.
The doors are fastened with Yale locks
The good old days of the outer guard
and -peep-hole have returned. The joints
are still here, but they have obeyed
Mayor Parkers order and CLOSED
Apparently Chief Donovan is now the
individual to whom it is up" Donovan
hesitates. He is likely to allow things
to run along about they are now. He
would undoubtedly prefer to resign his
place chief of police than to attempt
to enforce the Hurrel ordinances at the
present time. It might ruin him hnan-
cially to try to act under these ordi-
nanceS.
For a time at least, the joint situa-
ton will likely remain in about It's
present status-plenty of joints, plenty
of beer, plenty of gambling, and plenty
of Yale locks and peep-holes to protect
it ALL
There was another of those mystic
rious, accidental Joint conferences" at
the city building this morning, partici-
pated in both jointly and severally by
Mayor Parker, City Attorney Spencer
and Chief of Police Timothy Donovan.
According to the parties to this joint
meeting, nothing was done, the subject
of joints was hardly mentioned, and the
fact that the three main officials of the
city government got together behind
closed doors was entirely unexpected
and accidental
Il just went into see Spencer a min
ute, and Tim was there" was what
Mayor Parker said about it.
The chief came up to talk to me
about one of his cases." says City At
torney Spencer.
Tim Donovan was the most candid
one of the trio. Yes. he said I'VE
were just having a little talk 1 wanted
to get the city attorneys opinion on
some things"
1t is learned that the object of the
conference was to help Chief Donovan
out of a dilemma in which the mayors
order has placed him. Donovan is
afraid to act under the Hurrel ordi-
nances for fear that the supreme court
has not fully established the constitu-
tionality of those ordinances. If the or
dinanceS should prove to be invalid,
then Donovan, personally, would be
liable for damages and costs at the
hands of all the joint keepers whom he
had pulled"
ordinances are good, and that Donovan
should go ahead, smash down the joint
doors, seize the bars, fixtures and liquor
and arrest the proprietors.
Judge u. T. HaZen, of the district
court, and several other leading attor-
neys of the city, have informed Mr.
Donovan that if he follows the city at
torney'S advice, it will be at his peril.
They assert that the supreme court has
not passed on the entire question of the
Hurrel law, and that after all the pro-
liability is that within short time the
supreme court will give an opinion COM
pletely nullifying the law as it now
stands.
Mayor Parker says: Tim don't know
what to do, Some lawyers tell him one
thing and some another He can't please
everybody, that's sure
1t is Just about as the mayor says.
Chief Donovan is in a very delicate po-
sition. He must either undertake the
risk of ruinouS damage suits, he
must disobey Mayor Parker's orders.
'All the Joints in town have their
doors locked now" said Chief Donovan
today. II went around Saturday night.
They were all shut If a policeman goes
to the door, they either refuse to admit
him or simply let him in, and suspend
all operations while he is inside. Not a
drop of liquor is drunk or sold as long
as the policeman remains. He can get
no evidence except as to the general
sible to secure a conviction before
jury that sort OF case. Spotter
testimony does not go in the district
court. So it is easy to see how difficult
it is to get evidence.
Suppose 1 should get what 1 consider
should proceed under the Hurrel law.
would seize the bar and liquor. 1t
would be replevined, and I would have
to give a redelivery bond The city
would not protect me in the case at all.
Tt would all be my personal risk. If
convict, or if the supreme court should
finally decide the Hurrel law unconsti-
tutional, 1 would have the costs to pay
out of my own pocket. The salary of
81 900 a year paid to the chief of police
does not Justify any such risk. Good
lawyers tell me that the Hurrel law is
not entirely safe yet to work under.
can't afford to risk all my salary. 1t IS
all l have to live on"