Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-01-26
LAW AND LIQUOR.
How Prohibition Works In the
Grasshopper State.
FACTS AND FIGURES FURNISHED.

NHEkLlNG, January ., looO.
lis Erccllc',cy Governor Click, Topeka. Hs.:'
\ prohibitory amendment to our Con-
stitution is pending before the Legislature.
Kindly telegraph the DAILY REGISTER at
length your observations Of the operations
of prohibition in Kansas, with statistics
and opinions. EDITOR OF THE REGISTER.
In answer to the above the following dis
patch was received from Gov. Click, in
which he reviews the workings OF prohibi-
ton in Kansas and treats OF the question
in general. 1t is a strong and able article
and will be read with interest by everyone,
including the members of the West Nir-
ginia Legislature, who are now discussing
a prohibition amendment to the Constitu-
ton OF this State.
TOPEKA, KANSAS, January %.
To the Editor Of the Register.
At the session OF the Legislature OF 1879,
4 proposition to amend the Constitution OF
the State was adopted, to be submitted to
the people At the general election held
November ,, 1850, in the following words;
The manufacture and sale of Intoxicating
iouors shall be forever prohibited in this
State. except for medical, scientific and
mechanical purposes.
At the election in November, 1850, this
proposed amendment to the Constitution
was, bv majority OF the votes cast upon
that question, out not by majority Of the
electors of the State, ratified, and became
q mart OF the f, ldamental law Of the State.
The succeeding legislature, in 1851, enacted
sIsv whose p. visions were intended to
make the consti ltiOnal inhibition in re-
specy 10 the trathc in Intoxicating liquors
edcgtual and operative.
The pIblic policy embodied in this
,merGment and statute has been in force
since their adoption, but during all
ths, time this policy has been failure, aud
IDIuriOus To the Cause Of Genuine Tenn
perAnee,
Divertiug immigration from our State,
Enseudering strife in neighborhOods,
Promoting excessive litigation,
Loading down the dOckets OF the courts,
Making heavy cost bills to be paid by
the people,
Inducing the clandestine use of intoxi-
eating liquors in club rooms and in the
homes Of the people,
Setting fIighIful example of the use of
intoxicating liquors before the young,
Drinking to excess, caused by the pur-
chase OF liquors in quantities,
And losing to the cause Of temperance
GOOD and sincere temperance people by the
neddesome interference with the habits
end established customs OF long standing Of
many good and worthy citizens, by busy
bodies whose only ambition was to mag
nifty their own importance, instead OF work
inc Tor real temperance.
II was premature-and indeed unfor-
tunate-to have engrafted into the funda-
mental law of the State policy which
from its nature was an experiment of
doubtful utility and of uncertain success
aEd which has
Proved a Failure wherever Tried
IN other States. Whatever mutations at
tend the ordinary statute law, it is of the
fist importance that the body Of constitu-
,ional laws should be permanent and in
GeXib!e in its character. 1t is the compass
and rudder OF the ship Of state, and for this
reason it is always a mistake-if not indeed
q peryersion Of constitutional forms and
nstrumentalities-to insert therein mat
ters which more strictly pertain to police
regulations; regulations, the character and
effectiveness of which depend upon a
r -. ayl eNNial nnn1l-
tons, and which, to reach and subserye the
best public good, must be adapted to each
set Of circumstances and social conditions
as they exist at different times and locali-
ties.
The exercise Of that portion Of the
Police Power
that relates to he maintenance OF public
deceacy and social order, cannot be re-
striCted within the limits of uniform and
inte1ible rule without greatly impairing
its efficiency, and in many instances rem
Gering it nugatory. The policy Of prohi-
hilton may be practicable and beneficial in
some localities wherein the conditions con
duCing to success are favorable, and sus-
taired by large preponderance Of Popu-
lar sentiment; but in others, and a strong
public sentiment and interest oppresses it,
notwithstanding it may have received the
strong sanction Of adoption as part OF the
Constitution, the laws creating the policy,
and those enacted to enforce il, fall into
tisrePU;e and contempt In such a condi-
ton Oi affairs it is difficult to estimate the
Magnitude OF the Evils
that must ensue. The generalization con-
Seqent upon habitual disobedience to con-
Sututjonal Obligations existing, when the
line OF policy indicated is imprscticable
and di>regarded. must necessarily exert an
CHiayo-,hIe influence throughout the
State.
The primary purpOse of the Constitution
lsS SreCt TO, and was intended for, the
regulation Ut the most general concerns oi
zoe government and people. Under 1t, be-
1O'e the adoption Of the amendment re-
SPechng the liquor traffic, the most ample
ponce powers were possessed by the Legis'
azure; powers which the public welfare re-
t1lltd, except wherein necessary to pro-
lecI those
Personal Rights and Liberties
which the Constitution guarantees to every
nan. The amendment, in respect 20 the
"4uor traffic. was in its purpose, scope and
0Ptra'i"n restrictive of legislative power in
''SarG :" matters which, while they init
aa'e'v ELECT the whole population, uni
is im'mi's Of regulation in respect to them is
,uP'a' 'abie and detrimental. 1t
rs''' he lawful application OF neces-
NY. De. etectual measures of restraint OF
a.. s Il. =. ? traffic in localities where an
cseisr public sentiment prevails, AMI rel-
IN Prohibition ineffective.
n"n''eNer benefit may be claimed to &C
IT. e q. such portions Of the State wherein
IN "ion measures are more strictly en-
S;Us, ~ "r more generally observed, il is OBJ
ne bSu az the expense of those localities
sar.n they are imperative, and the
S,nS benefits We're Obtainable on the one
H. Guu through the appropriate exercise Of
t|'l'e power, nnvexed by cOn-ritU-
restrictions, without sntailing the
Great OYerbaIanee OF Evils
~ We other hand from fntila attemDtS