The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1872-01-26

pie In any precinct Qst and I'd class
cities excepted, whewD do not
want dram shop they may be re-
lieved from such nuisance; and the
placing this power in the hands Of
the majority is termed regulating"
Bat TO the law question.
Section LIST closes with this pro- L
Tiso: 'That the corporate authori-
ties of cities Of the first and second
class may, by ordinance, dispense
with tbs, petition mentioned in this
sectfon." We see no reason why
our deusely populated cities require
less safeguards and protection than
the rural precincts; and especially
do we object to that proviso, be-
cause it is . fraud upon its face, and
calculated to distracts degrade, dis |
turb and corrupt our local elections |
and make the qualifications of can
didates depend upon their willing
ness t.. adopt ordinances SO soon a. |
elected, which will set at naught |
the win OF their constituents and
besides it is open to a constitutional
objection as being in conflict with
section II, article 2, which provides
that Gall laws of q general nature
shall have q uniform operation
throughout the State" The amend
ment proposed leaves OF this pro-
yiso.
section Sd makes it an offense to
sell without license, any "spirituous,
vinous or fermented or ether intox-
icating liquors." leaving the gram
NAUTICAL construction in doubt, and
in each case throwing the burden of
proof upon the State, after having
established the sale, to. prove that
the liquor in question was ''int0xi-
eating" which proof will in each
case depend more or less upon the
caprice of witnesses and their Opin-
ion as to the capacity of the human
stomach. ,s .....-.. ....
Section 4th uses the terms "fer-
mented, distilled or intoxicating"
while in ali other sections the word
sfntoxicating" only is used. The
proposed amendment, in all these
sections, uses the classifications
.spiritnous, vinous, fermented, dis
titled or intoxicating" and makes
it an offense to sell, without license,
any of these liquors, or to keep open
lany room or building where the
t-same are kept, stored or exposed for
sale. The reason for and propriety
of this is manifest, A man is pun.
lshed for uttering and passing coun-
terfeit money and for having any
such about him, and the wisdom of
such legislation is never questioned.
The proposed amendment prohibits
the sale of liquors and the keeping
open of a house where they are sold,
not only on Sunday, Fourth of July
and election days, but also on Christ
mas and New z ears, the propriety
of which needs no argument.
The provisions in sections 5 and 6
of the old law for making drunk
ards out Of minors by consent Of
parent or guardian is omitted from
the proposed amendment ,r.
| Many Of our readers know that in
the suit OF the City of EmpOria ys.
4. Oswald PfeEerls, prosecuted under
an ordinance Of the city enacting
4 almost verbatim section 8 Of the
Dram-shop Act, Judge Watson
held at this term, that said ordinance
was a nullity, because the city pos
\ sessed NO inherent Legislative pow
efs, only such as are delegated to it,
and that section 30, chapter 81, laws
of 1871 which reads:- ''The city
; council shall have power to enact
| ordinances to restrain, prohibit and
suppress tipping shops" etc., does
" not authorize the council to pass an
ordinance declaring that the illegal
sale of Intoxicating liquors is an
offense and to punish the same.
There seem to be legal precedenta
/, for this conclusion, and by which
the courts feel bound, though the
: judges think that such decisions
, ought not to have been rendered in
the first instance. An amendment
is proposed TO section Z which OBJ
viates this difficulty. T. 80
II Section IL of the Dram-Shop Act
provides: -.@
"For all the fines and costs assessed
against any person or persons for any
violation of this act the real estate and
, personal property OF such person and per
sons Of every kind not exempt shall be II
able for the payment thereof and such
fines and costs shall be q lien upon such
real estate until paid" .. -.
Now it is notorious that many o.
, those who habitually violate this
law have plenty of money to spead
or squander as taste or caprice may
dictate, can retain the most eminent
of the legal, profession, give any
. amount of bail, and this too with
/ an avowed purpose and intention o.
q continued violation OF law, and
yet when the sheriff appears with
I an execution can say to such Officer
with confident assurance: "ThsrC
) Ia, NO terror in your, threats, they
, pass me by as the idle wind, which
I respect not" 30. Es-e...,,...
'fWhile our laws (section 6. chap
Atm AL -