Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1883-10-04


against such person for selling intoxicating
actions. the prosecution may prove any Of
the matters hereinbefore stated, that render
null and void said license.
SEC 2 That if at any time q petition,
sigued BY the msjority of tae males and fs-
males Of twenty. one years and over, actual
resident,in good faith Of any ward in any
city Of this State, be presented to the city
council of said city, requesting said council
MT to gran! any dramshop license, or tavern
license, or grocery license, in said ward for
one year from and after the date Of said Pc
ton, then no licenee to sell intoxicating
liquors in said ward shall be granted BY the
said city council for the space Of or during
one year from and after the date of said pc.
tition. And if at any time, petition signed
by msjori,y Of the males and
females Of twenty one years and over,
actual residents in good faith of any town
ship in this State, shall be pre- sented to the
tribunal lransaciing county business, re-
guessing said tribunal not TO grant any
dramshop license, tavern license, or grocery
license, in said township. for the space Of
one year from the time OF presentation OF
said potion to said tribunal, then no license
to sell intoxicating lq1ors in said township
for the space of and during one year from
and after the cate OF presentation Of sad
petition, shsl be granted.
SEC 8. That section of the act to
which this act is amend story, be and the
same is hereby amended SO as TO read as
to read as follows: Sec g. Any person,
without taking out o, having q license as
grocer. dramshop keeper or tavern keeper,
xho shall, directly or indirectly, sell any
spirituous, vinous or fermented, or other in
toxicating liquors, shall be 6ned in any sum
not more than $500 for the first ofense; and
any person convicted of violating these
provisions shall for every second or subse-
quent offense be fined in a sum not less
lhan 5000 Or more than $500, and in addi-
ton to said fine shall be imprisoned by con-
fnemeI in the county Jail for not less than
six months DOR more than one year.
SEC T. That sections and 2 Of the act
70 which this &C i, amenda.ory be and the
same are hereby repealed.
SEC 5. This It shall take effect and be
in force from and after its publication in the
Topeka Daily Commonwealth.
STATE OF KANSAS,
SECRErARY's OFFICE.
1, James Smith, Secretary Of State Of the
State of Kansas, do hereby certify that the
foregoing is q true and correct copy Of the
original OF Senate bill Nc. 80, Of the session
of 1879.
In testimony whereof, I have hsreu1to
subscribed my name and aft xcd my off ;ial
seal Done at Topeka, this Goth day of May
A. D. 1852. JAMES SMITH.
Secretary Of State.
This was q strong local option bill, as will
be seen by careful examination Of its pro
visions. 1t was also part of license
system. 1t did not provide fer high license
but the old license clause of the statute re-
m aimed in force, if the plan had beer
adopted. But it was not destined to become
a par. of the laws of Kansas. This Local
option and license measure met with violent
opposition of the liquor men in the Senate
1t wss made by special order TO-
consideration day after day In tn
Senate; and the whole Temperance
battle Of the session was made over tbi
bill. Neither side had nsionty. Their
we're 40 senators. 1t would require ri II
give majority for this bill. There wer'
I9 senator's in favor Of it, Is against, and
who we're on the fence. In the committed
of the whole, this division was maintained
for days.
The arguments in favor OF the bill wer'
the well.knoWn arguments in favor of TEN
persnce, sobriety, and the restriction of tn
liquor traffic. those agains. it were tn
old arguments OF personal liberty, FREE
whisky. revenue. etc etc. /, was the oil,
time division between temperance and In
temperance, restriction and no restriction
Ga the Sth day of February, 1879, Sena
tor II ,mlin introduced Senate Joint Re so
luton No. 3, which afterwards tecare Oh
prohibitory Amendment. This slumberes
upon the 6!,s while the battle was beinI
waged over Senate Bill No. 80, a, a9oye sc
forth. At last motion was made from tn,
liquor side Of the controversy to suts.itut
Senate Jciat Resolution No. 8, for Sena,.
Bill No. 80, and with it came proposition
from the liquor eide that il the tem-
perance people would agree to substitute il
the committee of the whole, they would
vote for the resolution on its final pass ,ge
The temperance senators were reluctant tc
do this because they did not believe the
joint resolution would ever pass the HOUSE
and they feared it could not be carried q,
the polls. The advocates of the license
system preferred this proposition to amend
the constitution to local. option bill, and
insisted ON the substitution. There were
vote, enough obtained 10 make the sub.
stituti9n in committee Of the whole, and it
was 50 ordered by vote Of
81 to II: and when the
resolution was put upon its final passage 10
the Senate, it received 81 votes, all Sena-
tors present voting for the submission of the
prohibitory amendment. to vote of the
people. Thus, it will be seen that local
option and licspss we're rejected BY the
Senate; and by unanimous vote the propo-
sition to amend the constitution so as to
sdopt the principle of prohibition, was car.
rsed. 10 the lower house, there was short
oattle over the proposition, butthe requisite
vote was obtained and the question went to
the people. Ia that Senate there we're "a
Republicans who voted for submission and
Democrats. In the House, there we're So
votes in favor of the prohibition and
81 against it. OF the IS who voted
for ii, IS were Republicans and
twenty three were Democrats and Green
hackers. There were eighteen Republicans
and thirteen Democrats and Greenbackers
who voted no. From these figures it will
be seen that m,j,rity of Democrats and
Republicans were in favor Of and voted for
submission in that Legislature of 1879.