The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-12
STANDS up FOR HAYDEN
DR.. Mcfarland Commends Acts
Of Probate Judge.

In pulpit EDITORIAL Rev. j. T. Nc
Farland. pastor of the First NJ. E.
church. said Sunday evening:
when the present incumbent of the
OFFICE Of probate Judge. on the death of
ms predecessor, was appointed by Gov
ernor Bailey, /, together with a large
number of those interested in the en-
Iorcement of the prohihitory laws, felt
lnat q grave injustice had been done.
and that the governor had inexcusably
ulsregarded the wish of the people only
recently expressed by a very large ma
1ority in the city elections. AS to the
unJustifiable character of the act of the
governor in making the appointment.
my opinion has not changed.
Ine public was entitled to the ap-
pointment Of a man to that Office with
fully to enforce the laws with reference
70 the sale of Intoxicating liquors by
druggists there could be no reasonable
question. Serious and iustiaable doubt
IN this regard attached to the man
VINO was appointed. The doubt was
based upon the fact that MIR. Hayden.
some two years before. had been the
regularly retained attorney Of the
Jolntists. just as Mr.. Hungate was I'M
III MS recent appointment by Judge
Hazen to the office of county attorney.
and as Mr.. Magaw now is continuing
MS services to the liquor fraternity
since he vacated the office of noJ.ce
Judge. The antecedent presumption
was that a man who has sold his serv-
ices TO the violators of the law in be-
coming their attorney, in their collec-
tive and organized capacity. could not
De rened upon to enforce the law
against them impartially in an office
where their interests would be in
volved.
Strictly. speaking of course a lawyer
mas me right to defend any criminal.
but II morse thieves organized and re-
tanned lawyer for their permanent de-
rense, the attorney thus engaged would
be greatly discounted in the eyes of the
pubic The chances are that respect
able people would cease to employ him
in other legal business. 1t is with a law
yer quite as it is with a physician No
one VIII deny that physician is justified
IN treating all kinds of diseases, even
the most loathesOme and disgusting
But II a physician should advertise him
sen as specialist son those loathesome
diseases. respectable people would hard
ly want to be seen going into his office
SO would say that it may become the
duty of lawyer sometimes to defend
d1sreputable people, to see that no in
justice is done; but no young lawyer can
make greater professional mistake
not to say moral mistake, than to per-
init himself to be retained by class of
professional criminals. There are men,
| know, who could enter into such ali
engagement without degradation, be-
cause they We're adequately debased in
advance. But with the majority of
young lawyers it would be great sacri-
flee of professional standing.
Now I have said these things to
make perfectly clear my meaning in
what I am about to say L have no
apologies to offer for the protest in
which I Joined against the appointment
of the present probate judge. We were
justified in doubling whether he would
do his duty. He himself tells me that
the law breakers themselves assumed
that his appointment was in their in
terest, and came into his office and ex-
pressed that belief. If the criminals
themselves SO viewed his appointment,
surely the friends of law enforcement
were entitled to so regard it. And the
governor had no right to require the
public to take the risks involved in the
appointment.
flying than the prospect. Judge Hay
den, so far as l can observe, and 1 have
watched the administration of his office
closely, has disappointed the fears of
his opposers and the hopes of evil doors
who expected his protection. l am per-
suaded that he has been dealing with
the drug stores impartially and fear
lessly. I know of no case in which a
permit has been improperly granted or
where on proper showing of evidence
the court has failed to revoke a permit.
have taken the pains to obtain from
the records a list of the cases which
have been acted upon adversely, and it
shows the permits of two druggists,
Young ana kOhI, nave Deen revoked;
three have surrendered their permits:
and the applications of four for permits
have been denied.
THE public should keep certain
things clearly in mind with regard to
the drug store First of all, permit
can only be granted on petition of
twenty-five owners and twenty-five
women residing in the ward where the
drug store is located. Great discretion
should be observed in signing these pc
titions. Then the probate court can
only act upon information furnished,
and mere rumor is not information. 1t
must be conceded that a judge cannot
become a detective. 1t is the duty of
the city police so far as possible to dis
cover violations of the law by the drug
stores, and of citizens having knowl-
edge of such violation to report it and
stand ready to testify to their knowl-
edge When an application for permit
is made the court is open for any one
who can show just cause why it should
not be granted. And in addition good
people should refuse absolutely to trade
| with drug stores which have reputa-
! ton for illegal liquor selling. But so
| far as the present probate judge is con-
| cerned, strongly as L was opposed to
his appointment, believe he will do his