The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-23
FROM Mr.. JACKSON.
Says There Is a Misrepresentation
About the Fee Question.

To the Editor of the State Journal:
Your editorial in Saturdays paper
concerning the Orr resolution contains
very erroneous conclusions on the sub
iect of official fees. This was not in
territorial on the part of the writer of
the editorial, of course, but occurs
partly from transformation as to le-
gal procedure and the misuse of legal
terms He apparently wishes to con-
vey the inference that I have used a
system of legal fees to bring about
license of law breaking. The Orr reso-
luton does not charge this and I do
not believe you can find 1t elsewhere,
honestly made or in any other way, ex-
cent by innuendo in some falsely pre-
pared material circulated for political
purposes. That it is false appears from
the stubborn fact that the saloons and
Joints in Kansas are closed and the law
the best enforced it has been in the
history of the state. Can you explain
how a license system or anything like
it could result in closing the joints.
putting the keepers in jail or running
them out of the state?
This editorial proceeds to say that 1t
ia asserted in one or more counties
violators paid their fines and costs and
went back to their old trade, to get
arrested again. Again, the vagueness
of this charge, covering LOB counties
and four years time, makes 1t difficult
happened through the consent or.
knowledge of any one connected with
nv office. Men were sometimes pa
rolled by the judges over the objection
OF the prosecutors, and in some cases
I have no doubt for special reasons by
the consent of the prosecutors. This
would be inevitable in such number
of prosecutions. Where men violated
these paroles or sold liquor again after
serving Jail sentences their paroles
were revoked or they were vigorously
prosecuted again. There was no other
way to deal with them There are some
violators, as every experienced prose-
cutor knows, who can be stopped only
by death or deportation.
Now as to the fees, 100000 seems
to have gotten on Orr'S brain some
way, no one can imagine how. and
Orr does not know. I believe IN TACT
that not half that sum has been allow
ed in fees to attorneys in Kansas In
the last four years. and probably not
in the history of the state. But sup
pose it to be 100000, scattered over
one hundred and five counties and four
years time, divided among the coun-
ty attorneys, attorneys for the state
Temperance union, county assistants
in whose fees I have no interest, the
assistants of my office and myself, 1T
would be about $3.50 per annum for
each county, and ten to twenty dollars
orbitant sum for the work done?
Your proposition to abolish the fee
system means that the attorney gen.
erals office must not interfere In these
prosecutions, for the county assistant
must eat or he cannot work. You no
Doubt would answer that the fees
should be paid into the county treas
ury and the assistant receive salary.
But often the assistant works months,
a year and even more, before he re-
ceives any fees and his compensation
is always regulated by the court. If
the other system were in vogue the
county assistant positions would rapid
~ fall into the hands of fat, lazy poll
teal favorites, who would draw their
salaries and leave the law to enforce
itself
The federal government uses a sim
liar system to Stfe one used here
against "1noonshining'' and in the en-
forcement generally of it's internal and
custom revenues. Our present system
has not grown up in day; 1t is the
result of long experience and many
trials. 1t is doubtful whether liquor
regulations or similar laws can be en-
forced in any other way.
F. S. JACKSON.
Mr.. Jackson misunderstands the
position of the State Journal. The as
sertion was made that the fee bust
ness in the attorney generals office
had been long a subject of gossip in
the state and that an investigation
could do no harm The people have
q right to know what has been collect
ed and how. This paper does not
charge corruption neither does it un-
derstand how an honest investigation
of the conduct of a state officers Off
cial acts can do any harm.