The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-01-04

goods are received and delivered; and
that they should not be allowed to IN
crease the rates on car lots by excessive
terminal charges, or for switching; and
that the rata per hundred pounds
shall be specified IN the shipping bill
or receipt given for the article shipped,
and the consignee shall not be required
to pay greater rate than that named In
the shipping bill. or receipt
These suggestions are urged upon You
for your action, for The additional reas
on that it may be urged that 1t IS beyond
the power of the legislature to confer
any such power on a commission. whlle
legislative authority is beyond ques-
ton. These safeguards, once secured
and rieidly maintained, will prove of in
calculable benefit: first, TO the producer,
second, to the consumer, and third,
TO the railroads themselves. They will
enable the farmer to dispose of ms crop,
and to derive reasonable profit from
the avails of it, and give new life and
energy to the business and commerce OF
the state and remit the railroads TO
the position of common carriers where
the law and their charters place
them. They will enable the con-
sumer to supply himself with the sta
pies of life at a fair price, and will give
the railroads not only a fair compen-
sation, but will conduce to feeling of
good will, and helpfulness to all con-
cerned.
PROHIBITION.
At the session Of the legislature of
1879, a proposition to amend the consti-
tuition of the state was adopted, to be
submitted to the people at the general
election, held November End, 1880, in
the following words: "The manu-
| facture and sale of intoxicating liquors
shall be forever prohibited in this state,
except tor medical. scientific and me-
chanieal purposes"
At the election in Noyember, 1880,
| this proposed amendment to the eonsti
| tuition, was by a majority of the votes
cast upon that question. but not by
majority of the electors of the state,
ratified, and became part of the fun
damental law of the state. The sue
eeeding legislature in 1881 enacted
| law whose provisions were intended to
| make the constitutional inhibition in
respect to the traffic in intoxicating
liquors effectual and operative.
The public policy embodied in this
amendment and statute has been in
| force since their adoption, but during
all that time this policy has been a
failure, and injurious to the cause of
genuine temperance, diYertlng inmi-
grafton from our state, enRender-
ing strife in neighborhoods, promoting
excessive litigation, loading down the
dockets of the courts, making heavy
cost bills to be paid by the people, in
ducing the elandeStine use of intoxi-
eating liquors IN club rooms and in
the homes OF the people, setting a
frightful example of the use of Intoxi-
eating liquors. before the young, drink
ing 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
interference with the habits and es-
tablished customs of long standing of
many good and worthy citizens, by
busy bodies whose only ambition was
to magnify their own Importance, in
stead of working for real temperance.
Il 1t was premature, and indeed uEfor-
tunate, to have engrafted into the fun
damental law of the state, policy
which from its nature was an expert
ment OF doubtful utility and of uncer-
tain success, and which has proved a
failure wherever tried in other states.
/ Whatever mutations attend the ordi-
nary statute law, 1t is of the first imper
lance that the body of constitutional
laws should be permanent and infexi-
BILE in its character. It is the compass
and rudder OF the ship of state, and
for this reason 1t is always mistake, il
not indeed perVersion, of constitution
! al forms and iDstrumentalitIes to in.
, sert therein matters which more strict.
, ly pertain to police regulations -regu
, lations the character and effectiveness
of which depend upon a variety OF cir
; cumstances and social conditions, and
which, to reach and subserve the best
, public good, must be adapted to each
, set of circumstances and social condi-
tions as they exist at different time;
and localities.
> The exercise of that portion of the
f police power that relates to the main
D tenance of public decency and socia
= order cannot be restricted within thu
limits of a uniform and infieAible rule
C without greatly impairing its efficien
f cy, and in many instances rendering
it nuRa tory. The policy Of prohibition
4 may be practicable and beneficial II
J some localities wherein the condition.
conducting TO success are favorable, anC
: sustained by large preponderance o
g popular sentiment, but in other
: wherein the public sentiment Is mimi
cal to the policy, and strong public
sentiment and interest opposes it not
withstaHding it may have received thu
s strong sanction of adoption as part o
4 the constitution, the laws creating thu
5 policy, and those enacted to enforce it
( fall into disrepute and contempt. Ii
such q condition of affairs it IS difficult
9 to estimate the magnitude of the EVIL:
Z that must ensue. The decentralization
consequent upon habitual disobediencs
to constitutional and legal obligations
existing when the line of policy indl
} Gated is impractlcable and dIsregarded
3 must necessarially exert an unfavorable
influence throughout the state.
The primary purpose of the consti-
tuition has respect to, and was intended
for, the regulation of the most general
concerns of the government and PEG
PIE. Under it. before the adoption Of
the amendment respecting the liquor
traffic, the most ample police powers
were possessed by the legislature, pow
ers which the public welfare required
except wherein necessary to protect
; those personal rights and liberties