The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-06
HOCH HEARD FROM
Sends Special Message to the
Legislature.
Urges Passage of Prohibition
and Anti Gambling Laws.
TOO MUCH VIOLATION.
Duty of Legislature to Strength
en- Constitutional Provision.
Bills Including Suggestions In :
trOduced in Both Houses.

Quite surprise, at least it was unex-
pected, was sprung on the members of
| the legislature today by Governor Hoch
when he sent to both branches of the
| legislature a special message urging
that more stringent prohibitory and
gambling laws be placed in the statute
books of the state. Coincident with
the reading of the message to the legts-
| lature Mr.. w. B. Ham, of Rocks, in
the house. and Senator Simons in the
senate, introduced bills which propose
to carry out the ideas of the governor
| in these particulars and the governor
| in his message urges that these bills be
passed as early as possible.
These bills were drawn by {. Z. Cole
man, the former attorney general; c.
w. Trickett, the special assistant attor-
ney general for Wyandotte county, and
John Marshall, the special assistant at
torney general for Cowley county.
Governor Hoch'S message reads as
follows:
'Persistency in the violation of any
law is sufficient justification for eX-
traordinary efforts in its enforcement.
For more than a quarter of a century
prohibition has been the settled policy
of this state. 1t is a constitutional re-
quirement Every phase of it has been
attacked in the courts and every essen
tial phase has been sustained by these
judicial tribunals. So long as this con-
stitutionaI provision remains a part OF
our organic law, so long will 1t be the
duty of the legislative, executive ana
| judicial branches of government to do
all in their power to make it effective
There can be no longer any excuse for
violations of this law. No one can
claim ignorance of its demands. It's
viola tors contribute nothing to the ma
terial social or moral upbuilding of the
state They contribute only to the des-
truction of these essential interests. NO
home is made happier by their nefar-
| ious traffic. The revenues they clan
| destinely contribute to municipal cof-
| fsrs debauch public conscience and cor.
rupt public thought and ultimately inn
poverish rather than enrich the COM
munities which resort to these unlaW-
full sources of income. In the last
| analysis boodlers and grafters are the
| only beneficiaries to such policy
For the further control of this
| traffic L call your attention to a bill
carefully prepared by ex-Attorney
General c. C. Coleman. and Assistant
Assistant Attorney General John Mar
shall gentlemen whose practical ex-
| perience in the enforcement OF this
| law suggests these additional amend
| uents This bill has been carefully
| considered by other able lawyers and
mas received their approval.
'I also call your attention TO Dill
prepared by these same gentlemen
concerning gambling. Gambling is
I
twin evil of the saloon and the joint
and neither should be tolerated in an
Intelligent and civilized state. COM
mend these two bills to your favorable
consideration
Bills Are Introduced.
AS soon as the message had been
read in both the house and senate
Senator Simons and Mr.. Ham got the
unanimous consent of their respective
bodies to introduce the bills on the
1HI lai1I ell iloV-
regards the joints and gambling halls.
Both bills are most voluminous but
they simply give more power to the
officers of the law for the enforcement
of the prohibitory and gambling laws
of the state and also make these laws
more stringent The bills seek to
legalize the use of the paddock idea
that was inaugurated by Mr.. Trickett
with such success in Kansas City,
Kan. They provide that whenever the
sheriff or other law officer shall take
possession of the premises where a
joint or gambling house is maintained
he shall have the right to paddock the
place, and that if either of these
nuisances are maintained for seven
days this fact is to be taken as prima
facie evidence that the owner of the
building knew that the nuisance was
being maintained and if maintained
for thirty days the owner of the prop
erty becomes liable for all the costs
in the action and his property may be
The bill provides that when an as
sistant attorney general is appointed
in any county the governor is em-
powered to appoint and commission
state marshals. These state marshals
are to have full authority to make ar
rests and serve papers as a sheriff but
only in cases where the sale of liquors
or gambling is involved.
The bills also extend the power of
county attorneys and assistant attor-
ney generals in making their investi- |
cations of violations of liquor laws
and provides for an inQuisition to
which may be summoned any wit |
nesses that may be thought necessary. !
A person who violates a summons for
an inquisition may be prosecuted for a |
crime and fined or sentenced to Jail. |
Courts are required to issue the sum- |
mons on the request of the county at |
torney or assistant attorney general. |
No person can be excused from testi- |
flying on the ground that his testimony |
might incriminate himself but the wit I
ness can not be prosecuted under the |
evidence which he might give. In or |
der to get liquors at a drug store un- |
der the new bill it will be necessary |
for the applicant to swear to state |
ment as to what disease is to be treat |
ed with the liquor and no druggist is |
to allow drinking on his premises. !
The finding of bars, counters and liz |
quors is to be taken as priTna facie |
evidence of a violation of the law.
Millionaire Kicked by Horse.
Los Angeles. Cal. Feb. 6-J. ]. Moore. |