The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-21

cause ne stood for law and order and
allowed fees to the prosecutors in
| liquor cases
Those Special Assistants.
when I became attorney general
similar conditions existed in fifteen or
twenty of the counties of the state.
We met the situation by appointing the
| most reputable lawyers as assistants
we were able to obtain, regardless Of
politics. I took no interest in these
| special assistants or in the fees which
have been allowed to them by the
courts They are essentially county
officers and I have no authority over
them as a rule. except to remove them
when they failed to do their duty.
know nothing except in general way
what fees they receive, but understand
that the most efficient of them have
received very poor pay for the work
they have done.
1.-THE only place in the state where
there has been any con- plant about
the amount of fees or the too frequent
paroling of prisoners has been in a
county where appointed a Democrat
my assistant on the recomm en- dation
by written resolution of the county
Democratic committee. This request
was made because the committee
claimed they had promised the people
the law would be enforced. I do not
criticise this official. Mr.. Dunbar of
Cherokee county. I am satisfied he
did the best that could be done under
the conditions and left the county in
the best condition as to law enforce
ment 1t has ever been in.
What It Cost the Brewers.
''In driving the brewers from the
state We took possession of a half mil
lion dollars worth of property. Costs
and charges amounting to more than
100000 were assessed against the
brewing companies and neither this
office nor. any one connected with it
cd fA hi nj
of work.
THE fees have received have come
from Atchison and LeavenWorth coun-
ties, where through Mr.. Shukers I
have had direct charge of the prose-
cutions, except the few minor cases
in special cases in the counties of the
state. Yet the Orr resolution assumes
that we have received all of the fees
allowed whether paid or not and
whether allowed to the county attor-
| ney, special assistant, or the attorneys
of the State Temperance union who
] have been constantly at work assist
| ing county attorneys in various coun-
| ties.
How the Work Was Done.
I'm my first term of office, this de-
partment handled thirteen cases in the
| supreme court of the United States,
two cases in the United States court of
| appeals, had a part in handling TWEEN
| ty-nine cases in the circuit court of
the United States for the District of
! Kansas where the state was a party,
tried more than two hundred cases on
appeal in the supreme court of Kan
| sas, tried ninety custer cases and 9TH
| er original actions in the supreme
! court against unfaithful officers, and
/ in addition to this work, tried over
three hundred criminal, injunction
| and civil cases for the purpose of en-
forcing the prohibitory law in the dis
trict courts of the state. In these cases
We were met by the best legal talent
which could be employed by the per-
sons and corporations charged with
| offending against the law. These men
were paid for their work sums rang
| ing from $4,000 to $4,000 a year.
We handled the work with two as
| sistants in this office, one receiving
| $1,000 the other $500 per annum,
| and 1 myself taking into considera-
ton all of the fees have received
| have not realized more than $4,000
/ per annum out of the office. Without
| the fee system, it would have been i'm
possible to have procured the money
| cases. The prosecuting officer must be
paid in this way, or else the proper
compensation taxed against the coun-
| ty or the state.
Fund of $4,000 Needed.
TT will require a contingent fund
| in the hands of the governor or attor-
ney general of 100000 per annum to
| do this work. Oklahoma and Maine
are struggling under a bitter exper-
| fence resulting from fat contingent
| fund and special prosecutors in the
| hands of the governor or a law en-
| forcing commission.
| Every effort which has been made
heretofore in this state in the rebellious
| counties to enforce the law has resulted
| in bankruptcy to the community and
| a failure to enforce the law. Tiger Bill
| Campbelfs campaign in Sedgwick coun-
/ ty, it is estimated, cost the county
| from $40,0 900 to $780, 600 and resulted in lit
| tie good. Prince Hal Iallowell, once
| United States district attorney of Kan
| sas, one of the noblest lawyers the
| state has ever had. died in near pow
| erty with Sedgwick county owing him
$4,000 to $4,000 unsolicited fees for Ii
! quor prosecutions and the law was I'M
| enforced, because the method of COL
| lecting these fees and the costs of pros
ecution against the property owners
| and the jointist had not yet come into
| use. 1t is for the taxpayer and tenn
| perance people of the state to say
| whether they wish the convicted joint
| ist to pay the bill of his own prosecu-
| ton, or to pay it out of their own pock-
cts. Men like Mr.. Orr think it should
| be paid by the taxpayers. I think it
| should be paid by the men who violate
the Law
No Apology to Make.
Il have no apology to make for the
| manner in which the duties of the Office
of attorney general have been perform
ed during the four years service have
rendered to the people of Kansas. I
know of no policy pursued by me in
that time that would be changed had I
the power to do so. I have given the
best service of which 1 was capable and
have no regrets, except that had not
the ability to accomplish more. If the
people of the state do not resent this
effort to destroy the effects of what
has been accomplished. then it is use
less to endeavor to give faithful ser
vice in the enforcement of the law in
, the state"