The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-08
WHO IS RFsp0NsTBTE?

In writing in the Journal of Ac-
countancy concerning the misuse of
bank funds. Mr.. Edward P. Moxey, the
wei known accountant who is fire.
quently employed by the government
in Strengthening out national bank
tangles. says.
zone cause of bank defalcation may
be traced to the laxity with which the
criminal laws of our country are adj
ministered by the judges Of our courts.
Any bank officer who wishes eneour-
agement in wrongdOfng has only to
read the great number of cases which
show not only misinterpretation of the
law and a favorable charge to the
jury, but also how, with the help of
shrewd criminal lawyer, the defaulters
are enabled to postpone time and again
the just sentence for their misdeeds
and in many cases are acquitted The
influence which is brought to bear to
save the defaulting officer is very pow
erfuI. Cases can be cited in which
certain members of the jury are
known to have been bribed to bring
in a verdict of not guilty This does
not always succeed in acquitting the
officer under Indictment, but is likely to
cause a mistrial. A bank president in
one of our southern cities was brought
to the bar of justice four times before
he was convicted and finally sentenced.
The president of a bank in a western
city was likewise tried four times be
fore conviction. It is the chance of
being enabled to evade the stamp Of
guilty which encourages bank officers
to criminally use the funds of the insti-
tuition with which they are connected"
a. n ~
this way: eff corruption exists, the
people are to blame
Too many men think some laws
ought to be enforced more than others.
They would punish some offenders,
but, for personal reasons allow others
to go free Each man picks out the
particular law obnoxious to him and
he violates it, but he would punish
other people for violating their pet
legal aversions.
Thus the man who thinks it a hOr-
rible crime to sell liquor viii resort to
questionable business practices and
cheat his neighbor, or possibly work
some undetermined scheme to get an
unrighteous franchise or contract from
the municipal government; and the
good citizen who holds up his hands
the witness stand commits perjury by
saying he doesn't know whether it was
beer or something else, will himself
commit perjury without a qualm every
time the assessor comes in sight. The
bootlegger is no worse than the swind-
Ter and CRATER, and the drunkard's lie
is no blaeker than that of the tax
dodger.
Is it any wonder that it is difficult
to enforce laws? When the governor
of the state makes excuses for not
prosecuting embezzIement in high Off
Gals because they may have supported
him, is it any wonder when he tries to
convict other wrong-dOers he finds it
uphill work?
Is it any wonder when an attorney
general neglects to prosecute high
criminals although the sworn evidence
of their crimes is laid before him-is it
any wonder that county attorneys
should neglect to hunt down jointists
if their inclinatiOns are the other way ?
Who is really to blame for the nom
enforcement of law anyway? Are we
to expect any more from minor Off
Gals than we do from those high in
authority
And back of it all are the people
who countenance wrong-doing it
doesn't happen to be the particular
kind of wrong doing that they think is
wicked