The Topeka state journal., 1913-10-10
JUSTICE WITHOUT MERCY.


Portias are conspicuous for their alb
sence among the Topeka women who
are burdened with the onerous duty OF
advising the city officials as to the
paths they shall pursue. That justice
should be seasoned with mercy is one
of the God given theories that fails to
appeal 10 them. Rather do they crave
the pound of flesh that the law allows
Else, why are they so vigorous In their
protests to Mayor Cofran and Ponce
Judge Huron against the parole or the
old man, Hallowell, who has peen III
jail for 80 days under sentence OF
four months and fine of $780, wnlch
NAV keep him there two years longer
for violating the prohibitory law py
selling a pint of whisky
In the first place, compared with the
sentences for prohibitory violations
that are usual in Shawnee county anu
Kansas in courts of jurisdiction su-
perior to that of. police court, the
sentence imposed on this 74-year-olo
man was exceedingly excessive. Ihal'
however, is a matter for the polcs
Judge to square with his conscience, as
his power in the premises appears TO
be supreme. In the second place, IL
is not an unusual thing in Shawnee
county for a violator of the prohibitory
law who has been sentenced to three
or four months Imprisonment to De
paroled at the end of d months SER
vice Sometimes his fine is RENTED
entirely. other times an arrangement
is made by which he can pay it in IN
staIlments The records of the district
court and the county commissioners
office will substantiate these assertions
And the occasions when this course has
been followed are not few in NUMBER
nv any means Nor has leniency OF
this sort been confined to county pro-
hibitorv cases. 1t has also been dis
pensed in the police court. And some OF
those who have been treated in tins
fashion are among the most notorious
violators of the prohibitory law in this
locality. This has been a matter of
current knowledge. Yet never has
protest of any sort been made against
such procedures by the coterie of wo-
men who are so publicly concerned just
now with the welfare of the city.
So, as a matter of fact, if real JUS
tice or the prevailing and presidential
kind that has been administered so
freely to other offenders against the
prohibitory statute, were applied to
the case of Hallowell, he would now
be given his freedom after having
served portion of his sentence-he
would almost be entitled to it if sauce
for the goose is sauce for the gander
There is little to recommend the prac-
tice of extending leniency to violators
of the prohibitory law, and especially
when they are of the chronic and per-
sistent variety. But it is little short of
disgraceful that this tottering old man
should be chosen as the one of whom
a harsh example should be made.
Any argument, no matter by whom
it may be presented, that the law has
not been satisfied in this case, verges
on the inhuman. Old age, of itself alone,
is entitled to some consideration and
especially when it's offense is not a
serious one. 1t is to Topeka's great
shame that this old man is forced
to expiate an unreasonable penalty,
even if the attitude of the city Off
cials in the case has the endorsement
of some of the women of the city.