Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1908-05-22
SPEECH OF C. B. KENNEDY
Prepared for the Canton Meeting Saturday Evening, May 10, but on Account
of Severe Storm, the Meeting Was Not Held

by the states attorney for murder
but the party was acquitted. In the
trial Of this case the evidence was
abundant, sworn to by some Of the
best citizens of the town of Hudson
of the character of these persons, OF
their condition and of the violations
of law, and Notwithstanding a life had
been taken, they were not sufficient
to induce the states attorney to cal
a grand jury to investigate and in.
dict the parties selling them their Ii.
quor.
Shortly afterwards another unfortu'
nate in the habit VIGOROUSLY of be-
coming intoxicated filled up in those
saloons and staggered in front of the
cars and was ground to death, leaving
a wife and six small children all I'M
der ten years of age, destitute, and no
grand jury was asked to inquire into
the matter. The question IS why?
1t may develop further n The coro-
ner of the county called an inquest
and instead Of selecting a jury from
the vicinity where the dctah took
place, at Hudson, the law partner of
the states attorney and the Legal
Ethics were taken from Canton as a
jury to investigate and report on the
cause of this death, and they found
that no person was liable for the
death. Afterwards, Mrs. Lowell, the
wife Of the person killed, brought an
action in the circuit court of this
county in behalf of herself and her
children to on the bonds Civ
en- by those saloon keepers to respond
in damages. for the injury they
caused her and her children in their
Of support on account Of the
illegal sale of liquor to her husband,
and 10 and behold, the states attorney
of Lincoln county appeared in defense
of these saloon keepers.
Mrs. Lowell swOre out a complaint
in the court Of the city justice in the
city of Canton, charging those saloon
keepers with the Illegal sale Of liquor
to her husband. The states attorney
had disqualified himself by his APP
pearance for the defendant in the
civil case from appearing to prosecute
in these criminal cases. An applica-
ton was made to the county commits
SiOners to appoint an attorney to per-
form the states attorneys duties. De-
lays took place, and finally when the
was pressed and after
the states attorney found that the
county commissioners would insist on
the cost Of this attorney being de-
attorney, he then ordered the sheriff
to serve the warrant and Legal Eth
les appeared in defence of both these
saloon keepers. These developments
must certainly throw light on the
verdict of the %coroner'S jury that no.
body was liable. The law requires
that when an inquest is held returns
must be. made to the clerk of the cir
was not made for over two months
In the meantime l made
to the o to see them.
He kindly let me see them at his Of
fee. They were lengthy. I read
them about half through and re-
turned the next day to complete
them. He then refused to let me see
them, stating that he had been adj
vised by the states attorney that they
should not be shown. The question
is why? The states attorney at that
time was the attorney for these same
saloon keepers. Is not that sut1ici-
ent answer?
The states attorney has been pub
licly intoxicated in the towns of Hud-
son, Canton, Sioux Falls, Worthing
and also before the board of county
commissioners, when attempting to
perform the duties of his office, and
at that time he was incompetent to
perform his said duties by reason of
his drunkenness, and Section Ct of the
Code of Criminal Procedure provides
that in such a case habitual drunk
'eness is ground for removal from
office.
Sec. TAT of the Penal Code: Every
person being found intoxicated in any
public place is punishable upon con-
viction before the justice of the peace
by a fine of ten dollars. Who will
punish the states attorney?
The Isaacs in Canton and some of
the doctors have been continually vio-
latlng the law until the livery barns
and sheds and other places of conceal
ment have been strewn with bottles,
which have been purchased at the
Isaacs. The ordinances of the City of
Canton and of the towns of the state
are entirely inadequate to suppress
the illegal procedure and the states
attorney of the county, notwithstand-
ing these facts are matters of public
notoriety, has taken no action to sup
press them, and he was the only party
that had sufficient law behind him to
do so effectively. The fact that he
was Indifferent to these violations of
law encouraged both the Isaacs and
the bOOZerS to violate the law.
Against such conduct is my candidacy
a protest and if the people of Lincoln
county elect me l promise them that
none will charge me of waiting until
con,aho6v callc INV ,ftapt;c, - 49,