The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-23

with power to enforce law The gov
ernor can Onl. enforce law with law
or by legal processes. These are not
Of his making but of legislative max
ing. The primary duty of enforcing
law rests upon the local authorities in
this state. and but little executive au-
thority is given TO the governor to en-
force in the several communities. The
present governor has written letter
TO every county attorney and to eve@
sheriff In the state, urging him to en-
force the Jaw To many of these he
has written numerous letters, and con-
ditlons upon the whole are greatly i'm
proved throughout the state. In eighty
odd counties this law is as well en-
forced as almost any other law on the
statute books. In the remaining
twenty counties conditions vary Eight
assistant attorney generals have been
appointed in as many counties with
varying success. In Topeka a vigor-
Gus effort was made under the leader
ship of one of the ablest lawyers and
best men in Kansas, a former presi-
dent of the State Temperance union,
but, owing to local adverse conditions.
the effort was practically failure ex-
cept that It aroused public sentiment,
and it is believed will ultimately re-
suit in the cleaning up of the city. The
governor has expended nearly all of his
available contingent fund in an honest
effort to enforce this law in one city,
and this limited fund needed for
countless OtneT purposes, IS the OitA3
fund upon which the governor can
draw to fight these law enforcement
battles. He has not undertaken. and
will not undertake, to do foolish, i'm
practicable and impossible things sim
ply to win the applause of the gall
leries, or to comply with the visionary
wishes of people with more zeal than
knowledge.
Not Fair. Says Hoch.
Comparisons between the results of
law enforcement efforts in this state
and our sister state Missouri have been
very unfair. Sunday laws are not OBJ
noxious to nearly SO many people as
are prohibitory laws. A prohibitory
law which affects every day in the
week is more than seven times as diff
ficult to enforce than a Sunday law,
Tor obvious reasons, and yet taking
the two states at large, I believe. with
out reflection on a sister state, that
the prohibitory law is relatively better
enforced in. Kansas than the Sunday
law is enforced in Missouri
The contest for the supremacy of law
in Kansas City, Kan, has assumed al
most national Importance. The attempt
to make capital out of the fact that
the ousted mayor was a Democrat fell
fat when it was ascertained that the
ousted county attorney was a RepubIi-
can The recent success of the assist
ant attorney general, Mr.. Trickett, is
gratifying to every law-abiding citizen
Of the state.
The people of Kansas may rest assur-
ed that no backward step will be taken.
but neither will forward steps be taken
in the future without the same consid-
Grafton that has been given to them in
the past While on this subject desire
to congratulate the Democratic party.
which has spent a quarter of century
antagonizing this law. upon its alleged
conversion to sound governmental prin-
ciples VIZ. that law should be enforced,
through the protesQue spectacle of city
OFFICIALS. SOlemnly assisting in the pre-
paration and adoption of a state plat
form for law enforcement who are
winking at the violation of law in their
several communities. aFouses a, suspic-
ion s to their party's sincerity
Justifes the katy Suit.
An attempt is being made to make an
issue out of the fact that the state has
permitted the use of its name through
its governor and attorney general (and
/ assume the full responsibility for this
act) to the Missouri, Kansas & Texas
1 Railway company to test its right to d
certain land grant in the Indian Terri
tory have heretofore given a lengthy
explanation of this matter and Will o1lv
summarize it here. The state of Kan
sas was made trustee by congress for
the railway company that should con-
struct this road, and the legislature off
| cially accepted the trust. The land
grant was based upon certain conditions.
viz, The extinction of its tribal possess
1 sion and its merging into government
domain. My opponent has devoted
! great deal of time to the discussion of
/ the question whether these conditions
! have ever materialized, insisting that
/ they have not and that therefore the
/ Missouri, Kansas & Texas Railway
company has no case worthy of consid-
/ Grafton.
This contention Of Colonel Harris
may or may not be correct. I have
/ taken no position as to the merits of
I the controversy and the attempt of
my opponent to place me in the po-
sltion of having taken sides in the
controversy evinces a surprising lack
+ of logic, or what l am still more re-
! luctant to believe, an astonishing de-
gree of unfairness. The merits of the
4 "katy's' case are not Iegitimatelv in
controversy SO far as Kansas and its
/ trusteeship are concerned. Having
officially assumed the Office of trustee
I but one honorable course remained
/ for the state to pursue and that was
to perform the duties of the trust thus
/ officially assumed The question as to
the merits of the case is question for
the courts and not for the governor or
any candidate for governor to decide
But there are other plain PROPOSE
! tions in this matter which seem to
admit of no argument. viz. railroad
company, like every one else. even
/ like tramp or a criminal is entitled
to day in court. To deny this is to
disovn government. Ny opponent
admits it. but says the day in court
should have been obtained in the
I lower courts. This is a fatal adr4is-
sion. Had the company been com
PEELED to bring suit against Individual
allottees and owners in the lower
courts those individuals would have
! been compelled to hire expensive
lawyers and contest the case through
the lower courts and on up through
the supreme court, where it now is. at
individual expense. Was it not, better
to relieve them of this burden and
/ throw the burden of defense upon the
government itself where it properly
belongs This insures the employ
ment of the most eminent counsel at