The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-07-05
AN OPEN LETTER

pofia, and Especially to the Mayor, Police
judge and Police force:
; GENTLEMEN "A rumor circulates in
this community, of which possibly you
are aware, that an understanding or ar
rangement has been arrived at whereby
upon certain graded system Of "fines,"
in the nature OF licence fees, to be levied
by the police judge those who choose
shall be permitted to engage in and
prosecute the "business" of vendors of
intoxicating beverages. An unpleasant
ly the truth must necessarily impress
itself upon one by reading the regulari-
tY of the reports from the police court,
that A Il G. d E F. etc, were arrest
ed. charged with the violation of the
liquor ordinance. pl :ad guilty and were
fined "$25 and costs" But whether
this FumoF has actual foundation in
fact OF not makes but little difference,
as you cannot be oblivious
of the fact, apparent TO almost
any one, that very frequent aud flagran MT
violations Of the liquor ordinance are
constantly going on. and that the 1895
and costs" is entirely Intellectual TO stay
such violations. So that in any aspect
OF the case the conclusion becomes IRE
slstible that you have deliberately de-
termined that there are certain parts of
the laws which you have taken SOL
emn oath To uphold and enforce thatlyou
now seek to nullify and sHbvert. The
questions whether or not the liquor
tra1IE is advantageous to a community;
whether dives, dens and hell-holes shall
be protected and fOstered whether or
not our young shall be invited to enter
q life of dissipation, and our old ones
pursue that of death, sink in to very
small proportions beside the one wheih
or or not the men whom We have elected
TO administer the law as they md
it, shall lead or acquiesce in the nulllfi-
cation and subversion of the duly estab-
lished order of things. and of the laws
under which and for which they exist,
and which they have sworn to maintain
and uphold in letter and spirit. 1t is a
question that goes TO the very founda-
tion Of our government, for if you shall
be permitted thus to nullify one law at
your pleasure. you, or another admin
istraiion, may nullify and subvert anOth-
er law for the same reason, and law, IN
stead OF being the will of the majority
expressed in due and constitutional
forms, becomes but the Whlm and
caprice of the accidental executive for
the time. II yOur position is not that
OF traitors and rebels To our idea of gov
eminent, and that too, in the most dan
gerous and insiduous form, l am mis-
taken. When an armed foe with martial
tread and hammered hosts menaces
law and liberty the spirit
OF patriotism is stirred to resistance, for
the dagger is then felt and seela, but when
nuilIfication comes from the govern.
menI's officers without the announce
ment of trumpet or proclamation, but it
may be under the seductive plea OF
yielding to popular sentiment, how in
tensely dangerous and insiduons let his
tory answer. Better, far better, our gov
eminent should at once be turned over
to the care of absolute despotism in
which one man shall legislate and exc
cute at his own sweet will than that the
theory OF government or no government
Of which, gentlemen, you now stand as
the practical advocates, shall prevail.
Don't think that the danger is q theo-
retIcal one either, for already the virus
of notification seems TO have reached
and perverted the local Representatives of
the executive department of the state
law, in the persons of the county attor-
ney, sheriff, undershcrIff aud cOnstables,
both in this and other counties. for while
we see the five cent" thief or other
small law breakers vigorously pursued,
the known Yiolator of other
of our penal statutes goes
unfFetted. Gentlemen, don't think to
find excuse OF apology in public senti-
mt mt either. for. admitting that public
sentiment NOW sustains you in nullifi-
cation--whieh. however, is not true
when your example shall have borne its
legitimate fruit and notification at the
hands of the laws own sworn uphold.
ers shall haYe become the rule, what
then Of public senliment? Our city has
been wonderfGlly prosperous under a
vigorous endorsement Of It's law. A re-
mArkahig high aEerags of sobriety,
quiet and virtue attained. Have you,
gentlemen, b. nuIIilcation, bettered
,h..S aI,a1ga4 Tai So criuainal records