The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-11
Would Elect County Attorneys
for Two Years.
ABOLISH OFFICE OF ]. P
Extend Powers of InquisitiOn
Courts.
FaVOrS Establishment of
Debtors Court.

mendations to the 1913 legislature,
Attorney General John s. Dawson dis
cusses many important public mat
tiers and urges a radical Shakeup in
some of the present state laws. Daw-
son would abolish the office of coun-
try justice of the peace, would make
county attorneys elective for but one
term of four years, would extend the
power of inqutsition courts to investi-
gate all infractions of the criminal
law, would establish a debtors court
and would amend the constitution to
cover the three-fourths jury verdict IN
all but felony cases.
The present law permits a county
attorney to hold court of inquiry at
which he may take testimony in lieu
Of prosecutions for violations of the
prohibitory law. in gambling cases
and procure evidence against derellct
public officials.
1T is curious indeed" says Dawson
in his report, that these broad pow
ers are conferred upon a county at
torney to investigate a sale of liquor
or an Illicit game of cards or dice and
are withheld from him in his efforts
to discover a murderer, a bank robber
or an embezzler- Such inconsistency
should not continue for another half
year"
Dawson discussed his plan to elect
law enforcement officers for four year
terms, but he treads gently on the
question; since it is purely a political
matter. But Dawson points out that
a four year term would relieve an en-
ergetic and Jealous prosecuting attor-
ney from the annoyances Of second
campaign. and would relieve a, timid
prosecutor from his natural fears OF
political consequences growing out OF
his activity.
Then there is another tender mat
ter. That is the present garnishment
law. And Dawson insists that the law
needs fixing. He points out that
I,T= hot
railroad employees and others have
been subject to unjust garnishment
proceedings. The most high handed
h; nd scandalous of these practices 1
have succeeded in breaking up" Daw-
son reports, but there is still much of
this sort of oppression which needs
legislation to cure completely
Abolish the J. P.'s-
1t is admitted by Dawson that at
one time the justice of the peace per-
formed useful function in England
and for even a few generations in
America. But now his usefulness is
gone. Now Dawson wants the office
abolished If not abolished, then he
insists the fees and perqufsites of the
job should be cut off by legislative
''If the office of the justice of the
peace is not to be abolished" says
Dawson. then I would urge that all
fees in that office be abolished, so that
the office can be no attraction to any
one except men of the highest probity
and the broadest public spirit. Per
restored to its ancient dignity and |
honor. it's holder becomes once more |
the true country squire and the father |
of his people"
Create a Debtors Court.
Following his plan of abo1ishing the |
justice court, Dawson recommends the |
of a new debtors court Be
fore this tribunal, the liquidation of /
debt might be controverted. Such a /
court, Dawson believes, would be /
timely in the congested /
counties and its Jurisdiction would be 1
largely in line with the court of To-
peka now in operation in this county. /
A law is also urged by Dawson which |
will enable the state to protect its /
rights in the collection of estates which |
should divert to the public school fund /
1t is pointed out that in many instances
where persons die without known heirs
that trumped-up bogus heirs have ap-
peared before the probate courts and
the state has been cheated of the funds .
which it should have rightfulIy re-
ceived.
That Topeka Ice Trust.
Reviewing his trust investigations,
Dawson calls especial attention to the
,ase of the Topeka Ice trust. wherein
IN action under the antitrust law was
filed, but a compromise was finally
reached which resulted in a reduction
IF 90 per cent in the price of ice to the
small consumer. Dawson points out
hat the ice companies have continued
20 keep good faith with the state under
his peace pact and the ends of justice
nave been more effectually served than
.hough there had been long litigation
Ind higher price for ice maintained
Turing the tendency of the suit. Now
Dawson recommends that the city gov
of Kansas be given power to
'egulate the price at which ice may be
odd to the general public Such a law,
Dawson thinks. would eliminate further
roubIe along this line and would bene-
it cities which have been less fortunate
n selling their troubles than has To-