The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-12-23
WAR ON C|CARETS
STARTS MERRY
SCRAP IN Topeka
Is One of MerrieSt Battles in
TOpeka's History.
Attorney General and County
Attorney Differ.
TROUBLE STARTS OVER LEGION
Fisher Insinuates Hopkins Is
GrandStanding.
Matter Is at Last Checked Up
to Governor.
Attorney General and Count!
Attorney Differ.
TROUBLE STARTS OVER LEGIOI
Matter Is at Last Checked UI
to Governor.

one OF the merr1eSt wars IN topeka
In many weeks is popping and sizzling
today because of the refusal of Hugh
+ Fisher. county attorney, to investi-
gate the giving away of cigarets as
directed by Richard J. Hopkins. at
torney general. Fisher insinuates Hop
kins is grandstanding and insincere.
Hopkins demands the law be enforced
the same as other laws.
But Hopkins won't bring suit to
oust Fisher. whose term expires next
month. incidentally, Fisher is the
new state senator-elect from Shawnee
county. Hopkins today checked the
matter up to Governor Allen. But the
governor muffed it entirely He de-
clined invitations to get into the row
and gather himself an additional
bunch of trouble.
Hopkins and Fisher to Mat.
Hopkins and Fisher went to the
mat when the attorney general told
the county attorney to investigate a
story in The State Journal to the ef-
feet that the American Legion is Civ
ing away 1000 cigarets. Fisher re-
fused He says Hopkins wanted him
to raid the Legion headquarters here.
This statement is denied by the attor-
nev. general. It is said that number
of prominent society women-lncIu9
ing the wives of several state otticlals
aided in preparing the Christmas
packages.
THAT Hopkins is merely seeking
publicity is the inference in F1sher
statement He points to the fact that
Honlins took no action in investigat
ing the sending of a carton of cfgarets
TO President elect Harding, altho +;
w. Clausen, assistant attorney general
is also Atchison city attorney. Hop
kins said today that he knew nothing
about the case, but had asked the
.o.-,r+,- atfornev of AtchiSOn county
TO investigate.
over in the governors office the
state executive rubbed his hands IN
serene complacency-
Knew Nothing of 1t.
"Oh gee but you fellows are slick.
bo told the press representatives at
the morning conference. Want TO
get me in this too, do you? Not on
your life. I haven't heard thing
about it. haven't talked to a soul-and
by lingo you can't WISH II on me-
Merry Christmas"
Hopkins said he had no authority
to hold an inquisition in a cigaret
case. Action must be taken, he said,
by the county attorney or city attor-
uev He could get into it, he declared,
oniv thru orders from the governor.
That he won't seek 20 oust tIsher
was clear. He said early expil ation
Of Fishers term made impractical
such a move. J.,
the Atchison case?" Hopkins was
Il didn't know of it until while ago.
7 have asked the county attorney TO
investigate
"Did YOU direct investigation or ar
rest of Lucy Page Castor for giving
away cigarets in Topeka p
Never heard of that either until
this morning" Hopkins did not say
what he would do in the case OF the
anti smoke crusader.
The Hopkins Statement.
Hopkins then made the following
formal statement;
1t is the duty Of the county attorney to
enforce the anti-cigarette law the same as
amy other law upon the statutes pook anu
the law specifically provides that the attor-
uey general has no authority except as Inc
assistant Of the county attorney. There
appears to have been good deal OF contro-
versey recently between the friends anu
enemies Of the law and regardless OF what
Mr.. Fishers feelings may be personalIy
toward the law he should see to its prompt
enforcement Disregard Of one law by
certain class Of the community Is taken
by others to mean tina. they can disregard
other laws and II the officials treat one
law with contempt and permit its open
violation they cannot expect to be success
ful in the enforcement of other laws. Such
an attitude on the part of officials generally
would soon result in chaos. No group OF
citizens of this state has any more right to
violate the anti-cigarette law than Alexander
fiowat ana his associates have to violate
the tnNNNtflNl court law
"The American Legion in n number of
instances has been active in upholding law
and order in this state. My department
had no hesitancy in asking the cooperation
Of the Legion as occasion seemed to de-
mand. 4 recent Instance of the splendid
efforts Of the organization was its actiyi-
ties at Independence For this reason
feel certain that the organization as a
whole in the state OF Kansas would not
endorse the open violation Of the anti
cigaret law and I of the belief that If
any action toward violating the law has
been done in this instance, it has been
thru a misunderstanding Of the provisions
Of the law or by some ill-advised member
rather than by the organization itself.
THE statement by Mr.. Fisher that 1 de-
manded that he make a raid of the Legion
headquarters IS not true. Mr.. Clausen and
myself directed Mr.. Fishers attention spe-
officially 10 the provisions OF the law re-
Quiring the county attorney to inquire into
the facts Of the alleged violation and to
subpoena the necessary witnesses to ascer-
tain the facts. This Mr.. Fisher refused to
do. saying, that he would talk to the city
attorney about it Mr.. Fisher claimed from
the beginning that The State Journal. even
tho it purported 10 give the details. did not
give sufficient facts that would Justify
Continned on Page SIX
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