Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-01-19

monopolieS. And should the Legisiature in
as the public demand, and Should Il he de-
Sided that the railroads shall be placed under
the control OF commi .sion appointed for
Inat purpose. would fail in nv duty to the
state and TO you did / not specially REQUEST
that you shall fix by law, independent of any
commission, the rate of passenger fare at
three (3l cents per mile and that you provide
oy law, independent of any commission that
railroads shall be prohibited. under proper
penalty, recoverable by. civil action from
S cnarging more Tor a short distance than for "A
long distance. That you shall fix by law in
uePenuent OF any commission. low but Just
ana lair maximum rate of freight for coal
wheat, corn, oats, broom corn, cattle, sheep,
noSs ana lumber, so that no contingency of
weather or combinations sh1ll deprive the
pubic OF fuel at reasonable rates. or prevent
the agr1culturist and stock raiser from get
ing MS produce tn market at reasonable
rates ana in the quickest time, so as to give
MN the advantage of the best markets and
enable him to obtain a reasonable return from
MS labor and capital invested.
Railroads should not be permitted to in
crease their rates on any articles transported
Dy them, until thirty days. notice posted in
the station where the goods are received and
delivered; and that they should not be nj.
lowed to increase the rates on car lots by ex-
cesslve terminal charges, or for switching;
De specified in the shipping bill or receipt
given for the article shipped, and the con.
slgnee snail not be required to pay a greater
rate than that named in the shipnin0 hill or
receipt.
These suggestions are urged upon Won for
your action, for the additional reason that it
may be urged that it Is beyond the power of
the Legislature to confer any such power on
commission, while legislative authority is
beyond question. These safeguards, once Sc
cured and rigidly maintained, will prove of
second, to the consumer and third, to the
railroads themselves. They will enable the
farmer 70 dispose of his crop and to derive a
reasonable profit from the avails of it. and
give new life and energy to the business and
commerce of the State. They will enable the
consumer to supply himself with the staples
OF life at fair price. and will give the rail-
roads not only fair compensation, but will
conduce to Il feeling of good will and help
fulness TO all concerned.
PROHIBITION.
At the session of the Legislature of 1879, a
proposition to amend the Constitution of the
State was adopted, to be submitted to the
people at the general election, held Novem-
Der I'd, 1880, in the following words: "The
manufacture and sale of intoxicating liquors
shall be forever prohibited in this state ex-
cept for medical, scientific and mechanical
purposes"
At the election in November. 1880. this pro-
posed amendment to the Constitution was by
a majority OF the votes cast upon that ques-
ton. but not by majority of the electors of
the State, ratified, and became a part of the
fundamental law of the state. The succeed
ing Legislature in 1881 enacted q law whose
provisions were intended to make the consti-
tutiOnal inhibition in respect to the traffic
In manufacturing liquors etfectual and opera
tive.
The public policy embodied in this amend
ment and statute have been in force since
their adoption, but during all that time this
policy has been Il failure, and injurious TO the
cause of genuine temperance, diverting immi-
grafton from our State, engendering strife in
nelghbOrnOOdS, promoting excessive litiga-
ton, loading down the dockets of the courts
making heavy cost bills to be paid by the
people, inducinging the clandestine use of in
toXlcating liquors in club rooms and in the
homes of the people, setting frightful exam
pie of the use of Intoxicating liquors before
the young, drinking to excess caused by the
purchase OF liquors in quantities, and losing
to the cause of temperance good and sincere
temperance people by the meddlesome inter
ference with the habits and established Gus
toms OF long standing OF many good and
worthy citizens, by busy-bodies whose only
ambition was to magnify their own impor-
lance instead of working for real temper
ahce.
The exercise of that portion of the public
power that relates to the maintenance of pub
stricted within the limits OF a uniform and in
heXlble rule without greatly impairing its
efhclency, and in many instances rendering
it nugatOry. The policy of prohibition NAV be
practicable and beneficial IN some localities
whefein the conditions conducting to success
are favorable. and sustained by large pre-
others wherein the public sentiment is mimi
cal to the policy, and strong public senti-
ment and interest opposes it Notwithstanding
lt may nave received the strong sanction of
adoption as part of the Constitution, the laws
creating the policy, and those enacted to en-
force it, fall into disrepute and cont.mpt In
such condition of affairs it is difficult to
estimate the magnitude of the evils that must
ensue. The decentralization consequent upon
legal obligations existing when the line of
policy indicated Is impracticable and disre-
garded, must necessarily exert an unfavora-
BILE influence throughout the State.
The primary purpose of the Constitution has
respect to, and was intended for, the regula-
ton OF the most general concerns of the Gov
eminent and people. Under it, before the
adoption of the amendment respecting the
liquor traffic. the most ample police powers
were possessed by the Legislature powers
which the public welfare required, except
wherein necessary to protect those personal
rights and liberties which the Constitution
guarantees to every man. The amendment
in respect to the liquor traffic, was in its pur-
pose, scope and operation restrictive of lepis-
latlve power In regard to matters which
while they intimately affect the whole Donu,
lation. uniformity of regulation in respect to
them Is impracticable and detrimental 1t
prevents the lawful application of necessary
and effectual measures OF restraint of the
liquor trahc IN localities where an adverse
public sentiment prevails, and renders pro-
hibitton ineffective.
Whatever benefit may be claimed to accrue
to such portions of the State wherein prohi-
more generally observed. IL is obt aimed at the
expense of those localities wherein thew are
imperative, and the same benefits were attain
able on the one hand through the appropri-
ate exercise of the police power, unvexed by
constitutional restrictions, without entailing
the great overbalance of evils on the other
hand, from futile attempts TO impose uniform
and unadaptive regulations. 1t is not a suf-
fcient answer to this TO say that the increased
measure of evils suffered in localities where
the prohibition laws are disregarded is SIM
ply "a consequence of their disobedience; tor
while this may be true, and disregard
of any law is a matter to be deprecated
it is no less true that a body of people do
not change their habits, customs sentiments
opinions and modes of life, which they do
not admit or believe to be bad, at the beliests
of would-be refOrmers, or even constitutions
or statutes. And whether this is a matter of
commentator or blame is Indifferent in the
consideration of this question; it remains an
obstinate fact, as old and as permanent as
human nature, that laws do not mold and
fashion the character of men nor make them
religious or moral unlesss the coercive power
of the law is supported by the honest indy