The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-06
City Attorney and Council Fall
Out Over Joint Cases.
Mild Resolution of Censure Is
Adopted
On MAYORS SHOULDER
Mr.. Spencer Shows That City
Executive Must Decide.
Only He Can Say What Methods
Police Must Follow.

Just at present the city a0La1nlSbrA-
ton is all at sea regarding the future
policy regarding joints. Monday after
noon a conference was held at the city
hall by Mayor Bergundthal, City Attor-
ney Spencer and Councilmen Howe.
Neil and Wolf, who constitute the po-
lice committee. Owing to the absence
of Chief OF Police Gof little was done.
but the subject up for discussion was
whether or not the city would continue
to arrest joint keepers when their con-
viction is practically impossible, or
whether it would be better to go slow
and try to get evidence against a joint
ist before making the arrest.
There is a wide difference of opinion
as to what is the best policy. and the
safest politically. Councilman Wolf is
said to place the blame principally on
the police. and to desire that the joints
be harassed with frequent arrests,
even if conviction is practically impos-
sible. Councilman Neil is said to have
demanded more vigorous action from
the police Councilman Howe seems in
clined to blame City Attorney Spencer.
while Spencer holds the mayor and po-
lice department responsible, and says
he can't do anything. Mayor Bergund-
thai is trying to formulate his policy
from these dissenting opinions.
AT the meeting OF the city council
last night the trouble broke out in an
unexpected fashion. Councilman Howe
introduced a resolution which was
.couched in very judicious language, but
which was a mild roast" for the city
attorney. The resolution was adopted
without q dissenting vote. 1t was as
follows:
Whereas, The city attorney has sub
mitted a request for advice as to the
disposition Of certain appealed cases
pending in the district court. now
therefore be it
Resolved. That it is the sense of the
mayor and council that all ordinances
for the suppression of joints, gambling
houses. bawdy houses, should be Wig
orously and persistently enforced This
must be done through legal proceedings
Instituted and maintained in the courts
by the city attorney. who is in the na-
ture of things responsible for the eff
i eient maintenance of such proceedings.
The mayor and council do not feel COM
petent to advise nor will they assume
to direct the legal department concern
ing legal questions which may arise In
litigation over the enforcement of ordi-
nances or in other litigation"
After this resolution had been adopted,
Mr.. Spencer came back at Mr.. Howe,
who seemed to be defending Mayor
Bergundthal and the police department,
with a very sharp and pointed speech.
Mr. Spencer said in part:
Il have just been reading over this
resolution, and l want to say a few
words because do not believe the MEM
berS of the council realized exactly what
sort of a. measure they were voting for.
The part of the resolution object 10 is
that which says: This must be done
by legal proceedings instituted and
maintained in the courts by the city at
torney who in the nature of things is
responsible for the efficient maintenance
of such proceedings
Nov, gentlemen of the council, you
can't say to me to institute these cases
and l am referring especially to the
cases against jointists-unless you give
me the control of the police force. We
might we'll be honest about this
thing You know as well as | do that
the mayor is the head of the police
force; that it is with him that rests the
decision as to what the force shall do.
Suppose l should be of the opinion that
the proper way to proceed is for the po-
lice to make no arrests until they nave
a reasonable amount of evidence. and
stand a good show of conviction. Sup
pose should say TO the chief of police
! don't make any arrests unless you have
some evidence. And suppose the mayor
says, The people want joints pulled,
and we will pull every joint we can see
and make as much trouble as we can
Who would the police force obey, me or
| the mayor?
I'm going to be honest with you I
say l am not responsible for these prose-
i cutions because the mayor is in charge
of the police force. If the mayor wants
to turn over the management of the
l
matter entirely
! when you members of the council put
yourselves on record by voting for that
resolution, you went entirely outside or
what the circumstances warrant. When
you say that 1 am responsible for the
liquor prosecutions, you are wrong so
far as my duties under the law are con-
cerned''
The end of this controversy did not
come with Mr.. Spencer's speech, though
nothing more was said at last nights
meeting. Indeed the fight seems to be
just opening up. 1t now rests with
/ Mayor Bergundtha1 and his cabinet to
decide whether joints will be pulled
! the regular daily menu of the police
| force, or whether more time VIII be
spent on getting evidence, and less
| making arrests. 1t is a serious Ques-
ton, which will enter largely into the
next campaign for mayor, and which as
its more immediate result may bring
about some radical changes in the po-
lice force.