The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-01
THIS HIS CHANCE.
Topeka Temperance Worker
Starts Boom for Hoch.
Might Be President If He WOuld
Enforce Prohibition.
GOVERNOR CAN'T TELL.
Talks Generally About officials
Obeying Oaths.
Thinks st. Johns Comparison Is
Not Fair.


Governor E. W. Hoeh can. by one
move, make himself recognized as a
leading candidate for the presidency OF
the United States. If he has the cour-
age to enforce the prohibitory law in
Kansas, he will be on the high way to
the presidency before he knows it, and
as for being governor, he could have
that by reclamation"
This is the opinion expressed today
by w. H. Cowles. one of the leading
prohibition lawyers of Topeka. Mr..
Cowles says that Folk, of Missouri, has
no better opportunity to secure the
Democratic nomination for the presi-
dency than Hoch of Kansas has to Sc
cure the Republican nomination.
This will probably be a new idea to
Governor Hoch, and the people OF Kan
sas will await with some interest the
formal launching of his boom for the
presidential nomination
Governor Hoch was asked today what
results he is getting from the letters
which he has sent out to the sheriffs
and county attorneys of the state.
I am getting a good many replies;
various kinds of replies, said the gov
ernor. L believe that the results ara
going to be entirely satisfactory. I think
that the letters will produce the desired
effect"
L Does the law give you authority to
GUST from office those officials which
do not enforce the laW?' was asked
That is something to which I would
turn only as a last resort, and conse-
| quently 1 don't care to discuss it now
was the reply. Il am going on the as
sumption that every official in the state
/ Of Kansas wants to do his duty. I
wrote that letter on the theory that we
1 have an honest set of county officials
| throughout the state
/ There are two things continued the
/ governor pacing back and forth across
the floor of his office, and picking up
4 that Oratorical tone of voice which
4 comes so natural to him when making
4 d good point, there are two things that
I am striving hard to impress upon the
4 citizens of this state IN the first place
/ I expect the officials to obey their oaths,
and in the second place, expect the
/ people to obey the law. Those are the
/ things which are to be borne in mind"
When the governor was asked what
he thought of Ex-Governor st. Johns
I statement to the effect that Governor
1 Folk of Missouri is doing a much bet
i ter job of law enforcement than Gov
/ ernor Hoeh of Kansas. he said:
Governor st. Johns comparison is
unfair The situations in Kansas and
/ Missouri can not be compared. have
no direct way of enforcing the pro-
/ hibitory law in this state Even If I
J
sheriff from Office, it would not be en-
forcing the law; it would be punish
ing somebody for failure to enforce the
/ law. Governor Folk, under the met
ropOIitan police law Of his state can
say to an off1ceholder, VIII you en-
force the law?' and if the answer is
not satisfactory, off comes the mans
/ head. The governor of Kansas has
had no such authority since the met
ropOlitan police law in this state was
! repealed.
sBesides the Sunday closing law of
/ Missouri is much easier to enforce
than the prohibitory law of Kansas.
All of the prohibition people are IN
favor of Sunday closing. and also
/ great many saloon people who believe
/ that one day in seven should be day
4 of rest. The sentiment is naturally
4 for Sunday closing. Even over in
Ieavenworth there is a strong senti-
4 ment for more quiet Sundays. Conse-
/ quently public opinion is more strong
/ ly behind an effort to enforce Sunday
closing than to enforce prohibition.
The conditions in Kansas and Missouri
are not at all Similar"
Governor Has Power.
Although the power of the governor
| comes by a somewhat roundabout
the governor can, if he so desires, put
the county attorneys and other ofh-
/ cials of the nullihcatiOn counties and
the mayors and city officials of the
wet" towns into a whole ocean Of
The constitution of the state of
Kansas article 1, section 3, says;
The supreme executive power of
the state shall be vested in a governor
who shall see that the laws are faith
Then comes the state law, which
/ provides the way for the governor to
/ Faithfully execute" the laws. Sec
/ 7271. Gen. Statutes 1901 says:
/ sa,The attorney general shall appear
1 for the state and prosecute and defend
1 all actions and proceedings, civil or
/ criminal in the supreme court in
1 which the state shall be interested or
/ a party, and shall also when required
/ by the governor, or either branch Of
/ the legislature, appear for the state
and prosecute or defend in any other
! court or before any officer, in any
cause or matter, civil or criminal in
which this state may be a party or in
I terested.''
The prohibitory liquor law is brist-
ling with penalties for the benefit OF
officials who fail to enforce the law.
They can be prosecuted criminallys
/ subject to fine and imprisonment, and
/ if convicted, the forfeiture of Office is
/ in all cases added to make full meas
Hence if Governor Hoch takes a no
tion that he wants to toss overheard
i some of the county or city officials at
/ IseavenWOrth, he would order the at
| torney general TO bring proceedings
/ against them for failure to enforce the
! Drohibitorv law. These proceedings
could be commenced in the local
courts Of Leavenworth county or in
the supreme court
It probably would only require one
or two such moves to produce a tenn
| perance revival in the state Of Kansas.
/ especially among the ofdceholders.
Temperatures in Large Cities.