The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-10
TURNS DOWN CLEMENS
City Attorney Spencer Refuses
to Consider His Proposition.

c. C. Clemens has proposed to City
Attorney Spencer that if Mr.. Spencer
will give him authority as assistant
city attorney for the remainder of this
month he will close every joint in town,
without making more than one charge
at time against a .jointist and with
but 500 fine punishment in each case
Mr.. Spencer today declined to accept
the proposition. He said:
1T is absurd. Mr.. Clemens can not
make good his PROPOSITION for the
simple reason that the supreme court
has declared the Hurrel law constitu-
tional. and under the ordinances drawn
for the city under that law fine and
impr isonment must both be imposed
He could not simply fine the joints. be-
cause the Hurrel law is now in effect"
Mr.. Spencer refused to enter into a
further discussion OF the Clemens prop
Mr. Clemens scheme, as proposed pub
licly by that gentleman, was as fol-
lows:
Il notice the glees with which prohib-
itionists greet the decision of the su-
preme court affirming the validity of
the imprisonment and the search and
seizure provisions of city ordinances
/ deem the decision of no consequence
whatever. The ordinance was not en-
forced in the city before Judge HaZen's
decision. Prohibition lawyers can not
enforce it now. 1t is a favorite idea of
force the prohibitory law, no matter
what drastic provisions it may contain !;
and that the other kind of lawyer can
enforce it strictly with only a simple
fine as a punishment I am so fully
convinced that 1 am right that 1 make
this challenge;
IF the city attorney will give me the
power and authority of an assistant to
institute cases in the police court, his
regular assistant to act under my SUI
pervisiop. l. will close every joint in To-
peka. by April 1. without search or seiz-
ure. without imprisonment. without
making more than one charge at time
against a jointist and with but 300 fine
pur ishment in each case. If / fail, /
Will give $50 to Christ hospital for lis
charity fund. If / succeed some re-
liable prohibitionist who is to pledge
himself, if this challenge is accepted, to
do the same thing. This challenge to be
accepted as above and the city attorney
to. appoint me. without pay. by noon of
Wednesday, March Il
Mayor Parker was asked this morn
ing TO express his views on the case. He
said:
should be, allowed to do so. We have
been trying ever since the law was
enacted to find some way to close them,
and have failed. / would be glad to see
all the joints closed. There are half as
many joints now as there We're when I
came into office, but there are more
than wish there We're now. There all
ways We're joints and / am afraid there
always Will be"
Mayor Parker was asked what he ex-
poets to do with the petition which is
being circulated by Charles NJ. Sheldon,
asking him to close the joints.
Il suppose the petition is to the
mayor and council, and it will therefore
go before the council whenever it comes
in They can't expect to hold me re-
sponsible for everything The council
and city attorney are equally interested
in the city administration.
Frank p Lindsay the ex-police
judge, and a leader in the law and order
forces, says:
This Clemens proposition is all news
paper advertising. 1 should think the
newspapers would quit advertising
Clemens some time. How could Glenn
ems help closing the joints, now that the
Hurrel law is declared constitutional?
He could convict a jointist on the prima
facie evidence that liquor was in his
possession, and send the jointist to Jail
for 80 days. In that way he could easily
close every joint before the end of
March. and so could anyone else in
similar position