Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-01-11

prevent these valuable adjunctS of the bust
ness OF the State from becoming oppressive
monOpolies- And should the Legislature in
It's wisdom. deal with this important question
as the public demand. and should it be de-
cided that the railroads shall be placed under
! the control of commission appointed for
! that purpose. would fail in my duty to the
| that you shall fix by law, independent of any
| commission, the rate of passenger fare at
| three 81 cents per mile, and that YOU provide
| by law, independents of any commission. that
! railroads shall be prohibited, under proper
/ charging more Tor a short distance than for
| long distance. That you shall fix by law in
! dependent of any commission, low but Just
ana Ia1r maximum rate OF freight for coal,
wheat, corn, oats, broom corn, cattle sheep
! hogs and lumber, so that no contingency of
weather or combinations shall deprive the
| public OF fuel ut reasonable rates or nrevent
| the agT1culturiSt and StOciG-raiSer from get
| ting his produce to market at reasonable
rates and in the quickest time, so as to give
! him 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
| by them, until thirty days notice posted in
the station where the goods are received and
| delivered; and that they should not be al
| lowed to increase the rates on car lots by ex-
| cessive terminal charges, or for switching;
| and that the rate per hundred pounds shall
! be specified in the shipping bill or recent
! gwen Tor the article shipped, and the con
! signee shall not be required to pay a greater
rate than that named in the shipping bill or
recent.
| 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
1ncalculable benefit; first, to the producer
second, to the consumer, and third, to the
railroads themselves. They VIII enable the
farmer to dispose of his crop aud 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
n
OF lie at a fair price, and will give the rail
roads not only a fair compensation, but will
conduce to a feeling of good will and help
tunesS 10 all concerned.
PROHIBITION.
At the session of the Legislature of 1879,
pro position to amend the Constitution of the
State was adopted, to be submitted to the
people at the general election held Noven-
Der I'd, 1880, in the following words: ':The
manufacture and sale of intoxicating LIQUORS
shall be forever prohibited III this state, ex-
cept Tor medical, scientific and mechanical
purposes"
At the election in November, 1880, this pro-
posedamendment to the Constitution was by
4 majority OF the votes cast upon that ques-
ton. but not by Il majority of the electors of
the state, ratified, and became part of the
fundamental law OF the State. The succeed
ing legislature in 1881 enacted a law whose
provisions We're intended to make the consUi-
tutlonal inhibition in respect to the traffic
IN manufacturing liquors efectual and opera
tive.
The public policy embodied in this amend
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 a frightfuI exam
pie OF the use of Intoxicating liquors before
the young, drinking to excess caused by the
purchase of liquors in quantities, and losing
temperance good and sincere
temperance people by the meddlesome inter
ference with the habits and established ems
toms of long standing of many good and
worthy citizens, by buSy-bodie whose only
ambition was to magnify their own inpOr-
ance.
The exercise of that portion of tho public
power that relates to the maintenance OF pub
lie decency ana social order can not be re-
stricted within the limits OF a uniform and in
flexible rule withouS greatly impairing its
efficiency, and in many instances rendering
it migratory. The policy of prohibition NAV be !
practicable and beneficial IN some Localities
Wherein the Conditions cOnducino to sTncess
are favorable and sustained by larae pre- |
ponderance of popular sentiment, whilst in |
others wherein the public sentiment is mimi |
cal to the policy, and q strong public senti- !
ment and interest opposes it Notwithstanding |
IL may have received the strong sanction of !
adoption as part of the Constitution, the laws !
force it, fail into disrepute and cont ampt In |
such a condition of affairs it is difficult to |
estimate the magnitude of the evils that must |
ensue. The decentralization consequent upon |
habitual disobedience to constitutional and !
legal oDIlgatlonS existing when the line of |
policy indicated is impracticable and disre-
garded, must necessarily eXect an unfavora-
bic 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 |
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 amendments
in respect TO the liquor traffic, was in its pur-
pose scope and operation restrictive of legis- |
lative power in regard to matters, which, |
while they intimately affect the whole pOpu-
!at1on, uniformity OF regulation in respect to |
them IS impracticable and detrimental. It |
prevents the lawful application of necessary |
ana enectua! measures OF restraint of the |
liquor traffic in localities where an adverse |
public sentiment prevails, and renders pro
hibitton ineffective.
Whatever benefit NAV be claimed TO accrue
to such portions of the State wherein prOhi-
bitiOn measures are mOre,strictly enforced or
more generally observed. it is obi aimed at the
expense OF those localities wherein they 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-
hcient answer to this to say that the increased
measure of evils suffered in localities where
the prohibition laws are diSregarded is sim /
ply IA consequence of their dis obedience; tor
while this may be true, and disregard
1t IS no less true that 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 beheStS
OF WOuld-be reformers, or even constitutions !
or statutes. And whether this is Il matter of |
or blame is indifferent in the !
consideration of this question; it remains an
obstinate fact, as old and permanent as |
human nature, that laws do not mold and
chi