The Topeka state journal., 1911-08-01

fund, may give rise to the impression
that received that amount for my
own use, but I know the reporter did
not intend that Inference. The fact Is
that a fund of S400 WIS raised last
March to be used in procuring evil
dence of liquor violations, to which
fund I contributed out of my own
pocket 800, Colonel Norton 500, the
State Temperance union 500 and the
governor through Attorney General
Dawson 500. The warrant for the
governors S10O was made payable to
me. and vas by me indoraed to Colonel
Norton, who cashed it and expended
the money for the intended purpose.
The original warrant in the state aud
itor's office will bear me cut.
The Throop Hotel Case.
The facts regarding the Throop hotel
case are these: The complaint cor
tained "a sales counts. The evidence III
my possession showed that these sales
had been made by ten different porters
to the different persons covering a
period of nine months. When the ar
rests were made it was discovered that
four of these porters had left the state
The evidence against them was useless
except as against the proprietors of
the hotel. My information was that
the proprietors, and especially Mr.. A.
F. Colson, were back of the whole deal
in handling the liquor I thought it
preferable to go after the men higher
=" than convict porters who were
proba bly, the tools of others. So I held
an inquisitiOn and examined three O.
the porters. but was unable to get any
information which would clearly show
the guilt of the proprietors. The law
provides that person testifying at an
inquisitiOn is immune from prosecution
regarding any matter about which II
testifies. so therefore these three port
ers could not be convicted. The evi-
dence against the other three porters
was weak, and it was doubtful if l
could have convicted more than on.
Robert Stone attorney for the defend
ants, offered to have two porters plead
guilty to one count each and to confess
the injunction. After comforting with
Chas. D. Shukers, then assistant at
torney general, 1 accepted this offer.
knowing that the propretors of the no
tel would be careful to see that liquor
was not sold in the hotel in the future.
and that was what I wished to accom-
plish Two hundred dollars was paid
into the school fund in that case.
The Elks Case.
After consulting with Attorney Gen-
eral Dawson I filed the injunction
against the Elks club. We have Sc
cured abundant evidence to support an
Injunction. and it is wholly immaterial
to US whether they contest the case OF
not
While 1 have received to date 500 in
Tees in liquor cases, there has been paid
into the county treasury in those cases
fines in the sum of 1867, as appears by
the records. and five or six hundred dol
lars more in fines will probably be paid
by defendants who have not yet served
out their Jail sentences.
In this connection I feel some pardon
able pride in calling attention to the fact
that at the April terms of court twenty
two persons were convicted of violating the
prohibitory law. So far I have not lost
liquor case before a jury. Ed Jordan
was convicted on six counts, Eddie Wright
on three counts, and Bertha Revely and
Ella Buckner on two counts each. Eigh-
teen other persons pleaded guilty to one
count each. About the first of July there
were twenty y-three persons serving time in
the county Jail for violating the prohib-
itory law, twenty-five of whom were con-
victed under my administration, which is
the largest number that has been in the
county Jail at any one time in more than
ten years
VIII Not Agree to Paroles.
Tt was intimated In the Saturday article
that was not sincere in enforcing the
prohibitOry law. In addition to the num-
Der of persons convicted, and as some
evidence Of my good faith, I call attention
to the fact that since the April term I
have refused to agree to the parole by
the county commissioners of any convict
ed 5ointists, except in one instance,
Twelve or fifteen Of these convicted joint
tences, have made application to me
through their attorneys and requested
that l agree that they might be paroled,
upon their paying the costs (Which in
cluded the $25 county attorney fee), and
upon their giving bond to pay their fine
in small monthly installnents. The COM
missioners refuse to parole without my
consent. have refused to agree to these
paroles because I believed that these de-
PENDANTS would go right back and sell
liquor as my experience during the jan
vinced me they would. The result is that
these defendants have no money to pay
fines and costs and they will have to lay
them out in Jail at one dollar per day,
Had 7 been so disposed I could have
cleaned up three or four hundred dollars
in this way, but 1 believe the way to
break people of violating the law is to
let them suffer the full measure of their
punishment
did consent to the parole of Ella
Buckner, upon her showing by ply
sicians' certificates that she was in very
bad condition physically. The commits
sioners remitted her fine of $500 and I
voluntarily RENTED the $50 county attor-
ney fee, taxed on two counts, and she
was parOled to pay the balance Of the
costs in monthly installments of ss.
Extra fees are allowed county attorneys
in not only liquor cases, but also in
gambling cases, in bucket shop cases, in
actions to recover on forfeited bonds and
in antitrust cases.
IN the last session OF the legislature
three separate bills were introduced to
cut off all fees to county attorneys in
liquor cases, but they were all killed
I am not responsible for the laws on the
statute books, but I am responsible for
their enforcement. have tried not to be
a. 'respecter Of persons but to enforce
this law impartially against all persons
violating IT. And in the future, in the
past, I shall use every legal method and
procedure, including the injunction, to ac-
complish this purpose Respectfully,
z. R. SIMON, County Attorney.
l(RA