The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-07-15

partment, the mayor had necessarily
10 trust largely to his chief of police
and police judge, in both of whom he
had confidence in common with many
citizens of Topeka For this reason
alone it is perhaps not to be wondered
at that he proceeded with consid-
cradle care in his investigation"
About C1garet Law.
In regard to the cigaret law, which
the state alleged that Corwine failed
probably this law could have been
enforced with more vigor and effect,
but no evidence was introduced even
tending to show that the mayor or
the police department did not act
upon the information which they had
concerning such violations. The evil
dence certainly does not show that
any failure to act was caused by
wrongful or corrupt motive
The court found that no informa-
ton concerning the four er five crap
games which it was testified were in
dulged in had been conveyed to the
mayor and that it could not be said
that he designedly or wilfully neg
lected to enforce the gambling law.
Were Raided Many Times.
Relating to immoral houses, which
the state charged Corwine wilfully
permitted to operate, the opinion
says:
mately seven places. Several of the
proprietors of such places testified in
behalf of the state that they were
conducting rooming houses One ad-
mitted that she had been arrested by
the police and fined for operating
disorderly house. The evidence
further showed that every place had
been raided several times The de-
PENDANTS were not always arrested,
due to the fact, the police officers re-
ported, that sufficient proof was not
obtained on the raid on which to base
a conviction. One witness for the
state testified that she had operated
a rooming house at one location for
three months and was there raided
by the police twice. She then moved
to another location and stayed there
a month, where she was raided twice
by the police. She then moved to an
other location and was arrested "a
great many times and when the po-
lice found anything upon the raids
she was arrested and penalized. An
examination of the evidence shows
that most of the places were raided
by the police from three to six or
seven times. From the evidence Of
fered, the court cannot say that these
raids were prefunctory only and were
not made in good faith"
Did Not Know OF Statutes.
With regard to reporting violations
of the liquor law to the county attor-
ney, the court found that the mayor
did not know of the statute until it
ruary by S. L. Lashbrook, then as
sistant city attorney, ana that he took
it up with Ralph O'Nei1, city attor-
ney, who advised him he did not think
it applied to the city of Topeka. The
opinion states that considerable
doubt is created as to the duty of the
mayor to report to the county attor-
ney," but that to warrant the custer
of the mayor for failure to make
the report in question ne must have
misconducted himself in office or he
must have willingly neglected to per-
form the duty enjoined upon him by
the law of the state of Kansas
Judgment for Defendant.
In closing, the opinion reads:
After a careful consideration of
all the evidence presented in this case
we are unable to reach the conclusion
that the mayor wilfully misconducted
himself in office or that he wilfully
neglected to perform the duties en-
Joined upon him as, the mayor by the
laws of Kansas, or that he was ac-
tuated by wrongful or corrupt mo-
tives, but we believe it affirmative1y
appears that his conduct was charac-
terized by good faith.
Judgment will be for the defen-
dant"