The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-08-28
THE wHoLrsALrL1ouoE LAW.

LhE W hOLGSAI-E k>lOCOAs LA W.
While the statute relative to prohibit
/. ing or restraining the sale OF Intoxicating
liquors at retail is quite strong and eX-
plielt, and can and Is being enforced. the
: wholesale liqnor law is so weak and de-
receive that under cover OF it q liquor sell
> er can practically nullify the retail law.
Neither the City Council or any other Of
iieers-except the Legislature-can REM
edy the evil effects OF this loose wholesale
, law. 1t permits, despite Of any ordi-
nance, IL one existed to the contrary. \
liquor seller 10 carry on his business by
keeping the smallest kinds OF stock, and
selling to any party in the smallest guam
tity. The only restriction whatever is
that the liquor so sold must not be drank
upon the sellers premises. But il may
DO within = foot Of the very liquor bar it.
self.
SO absurd a statute should be repealed,
and we trust will be at the next IegisIa-
tive session. But until it Is, it stands as
the law, binding upon city Councils and
all officers. and il Is easy 20 see that while
anti-liquor laws can be enforced, as we
hold all laws can be, this wholtsa sale stat
ute is not antl-liquOr, and until 1t Is alter
ed for the better, the wholesale liquor
business cannot be interfered with.
But there is no law against such = Ii,I-
uSr traffic rs Pfeferle and ConweII are
now carrying on and can carry on, wheth-
1
Aug. 20.
We would he obliged to our neighbOr
TO point out just one provision Of the laws
Of Kansas where anything is said about
either wholesale or '.retail' liquor traffic.
He seems so well Versed in the law and
the policy hitherto adopted, that he ought
| II least TO give our citizens that much.
We want to know more OF the ''effeets of
the loose wholesale laws" for TO tell the |
truth we never knew there was one. We
always supposed that in this city the only |
body that could grant liquor license /
was the City Conncil; and that until they |
had granted 4 license, every sale made |
wss made without license; and for ev- |
cry sale made without license the seller |
could be fined, and for u second offense |
imprisoned. IL is true this is under the |
state law; but after the City Council IL
censes the state authorities cannot inter-
fere. II this be correct, then our reform
Mayor and Council have put it out OF the
hands Of the County Attorney to prose-
cute
We would also Ike To see some law, u
syllable ii not II full word, where any
thing Is said about liquor drank ION the
premises" We presume that is one OF
the Ingredients Of II tipping shop. We
regret, for the sake Of the jurisprudence
Of the country. that the above article was
not written before our Supreme Court
had committed itself to position so diff
ferent from the Mayor. We refer TO the
case OF Dslson VS.. Hope, 7th Kansas, pages
I0I TO 1855. The facts there rs stated in
hn l
Kingnan, were: Hope was engaged in
selling wines, WHISTLES, brandIes, and IN
texicating liquors generally, by whole
sale, and without license. lie sold TO
Dalson OH credit "two baskets OF Piper
Heidsick wine, each basket containing
twelve quart bottles Of wine," and be-
cause ne sold in violation of the law the
court held he could not recover the price.
Judge Kingman, after quoting See. ) OF
the Dram Shop Act, says:
at will be observed that the language
OF this section is as broad as possible. 1t
Is not confined to the dramshop keeper,
the tavern keeper, or the grocer, to whom
a license may be granted under sections
one and two; but it declares that any
person not having the license so prescrib-
ed, who shall sell Intoxicating liquors,
shall become liable TO the penalties there
IN imposed makes no ulueronce De-
tween the wholesale dealer and the re-
taller, nor whether the amount sold De 3
DRAM or u HOGsHEAD." H.
''WOuld the wife, child, parent, brother
or sister of the habitual drunkard, whose
welfare is specially provided for in this
section, be protected by provision that ,
allowed them TO, prevent the sale Of q sin
gle dram TO AN unfortunate relative, but ,
freely permitted the sale OF twenty-fOur ,
"a ha in fka Sfa 10
not subject the law-making power to any
such imputation." II
1t will be seen that our eminent Chief .
Justice differs with our Reform Mayor In ,
his assertion IN relation TO other officers.
The law may be lame, but it Is not so alb L,
surd after all, As our Reform Mayor and
those who sustain him in licensing the
Wholesale tipping shops which now
disgrace our town. 1t isl pity, after the {
work accomplished in putting the whis-
KY traffic in such excellent shape as our
present city administration found il, that :
they, by their bungling course, should
give it 4 start again, by licensing the sale
or liquor, and turning the dram shops in
10 Wholesale establishments, Some OF
the whiGkyites in and out Of the Council
seem TO have succeeded IN completely
pulling the wool over the eyes, OF the
prOfessed Snti-license portion of our city !
aud we submit that the Re :
form Mayor should moi attempt to excuse ,
their course by doleing out to the temper ;
Anee sentiment of Emporia such twAddle
AS We quote above from his paper OF last
week. 1t is display OF ''cheek" or ig-
norance, which excites contempt on the
part of those il attempts TO cOAciliste.