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

urity 20 keep the peace, or be OF good
O. both, far term not exceeding
wo years, or To stand committed until
uch security be given.
As our Law now stands, prosecu-
ions under this act are discouraged,
because, no matter how guilty the
defendant may Be, II from any mis-
hsp or inadvertence he be discharg-
ed, our Supreme Court 9th Kansas
page 59l have SO construed the lat
ter Part of section Is chapter SO |
Gen. Stat. that the costs must be
taxed against the prosecuting wit
ness. Hence one Of the sections in |
the proposed law.
Though we have not been very
in detail we have pointed
out some Of the serious objections
to tie present law, and given what
we regard the necessary and advisa-
BILE provisions Of the law proposed.
Newspapers have had much to say,
and have become somewhat clam
orous for the adoption here, of the
Ohio or Illinois laws, while at the
same time (saving the objections
we have mentioned) our chapter IS
embraces all that was valuable in
the law of either OF these states, and
the proposed law does not contain
many OF the serious defects Of the
law in force either in Ohio or ILL
nois.
In section Is Of chapter IS it is
provided that 'tfor any violation of
the Sd and 4th sections, it shall not
be necessary to state the name of
any person to whom Sold" This is
not in accordance with ordinary
criminal procedure, and some of
our courts here held (and we believe
correctly that the provision above
quoted is in plain conflict with
section 10 of the bill OF rights, which
reads: ain all prosecutions the
accused shall be allowed to appear
and defend in person or by counsel /;
to demand the saGture and cause Of
the accusation against him." hence
these words are omitted in the pro-
posed amendment, though found in
the ether bills introduced at this
session, five are correctly inform.
ed. --s. b.. r.
In nine cases cut Of ten, these
proceedings are to be had before
Justices Of the Peace, the Law is, OF
necessity administered by an in
ferior judiciary, in the language OF
our supreme court, sd Kansas 1885,
"chosen from the body Of the peo.
pie with reference TO probity and
good sense rather than legal learn
ing, and are not presumed to be ex-
pert in forms and technicalities, and
for that reason we insist that al
doubts and antiquities be removed
and the law be made plain and GER
tain. -.-.a... -...r.
q Our state is young, plastic and In
its formative period, and by wise
aud healthy legislation We may
make it such as to invite to its fer
tile fields and broad prairies, the
sober, substantial and moral Gle,
ments Of the older states, or we may
convert lite cereals and viands into
lager beer and wine, our spacious
halls and prospective enclosures
into beer gardens, and make ouI
Sabbaths the occasion of riot and
ribaldry, where pretzels and lagei
shall usurp the place of the bread
and the water OF life.
HTns Fates are just; ehey give US bui
~ our 0Nn;s - Fts-ia. ~
Nemesis ripens what our hands have
| eoWA.0
The proposed bill is just and right
or it is is wrong and unjust. If il
be proper and correct, then no delay
no prevsrication, no half way worl
Will suffice. Let our law makers
remember 'j.- .- ...=
"They enslavs their chiIdren's children
who make compromise with sim"
| We call upon our legislation t.
take up this act, which has met thu
serious approval Of the State Tenn.
psrance Convention, and adopt It
unless there besome legal objectionl
and If so, to bring out and discus
these objections so their constituent
may know and understand them
and not smother and pigeon hoa
this bill in committee. If there b,
clerical errors or oversights, amens
them in consonance with the spiri
of the bill. 49, "
Just now the decision is to b
made and the precedent established
and declared whet her our legisIs
ture will heed the prayers and entire,
ties of the temperate, christian PEG
pie ofthls commonwealth, or igno.
bly, yield to the impious demands o
that other element whose petition
come up freighted with sin, per
fumed with the odor of The win,
cup; and reeking with the stencil o
the doggery. ~ f Id
Once TO every man and nation, comes th
moment to decide,
In the strife OF Truth with Falsehood, 70
| the good or evil side; s-sz.s
Some great cause, Gods aet0 Messiah, Of
1 erfng each the bloom or blight, I
Parts the goats upon the left hand, an
i the sheep upon the right,
And the choice goes by forever 'twixt thu
darkness and that light .z.l= 3 /