The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1884-12-11
AY MPORTANT DECLsION.

AT I'M O1b4 01N AAN404OAs
One Of the most important decisions
that has been made by the supreme
court on the prohibItoTy liquor law, and
one that win have en- important bearing
on the enforcing Of the enactment, was
that reached this week on an error from
PottAwAtomie county. In the case OF
William A. and Julia A. Harden vs.
the State of Kansas, involving the con-
stitatiOnality and force of section 1s, of
the law. The section in question pro-
vides that "aIl fines and costs assessed
against any person or persons for
any violation Of this act shall be lien
on the real estate Of such person or per-
sons until paid; and 10 case any person
or persons shall let or lease any build
ing or premises, and shall knowingly
suffer the same to be used
or occupied for the sale OF
intoxicating liquor, contrary to the pro-
visions of this act, the premises so leased
and occupied shall be subject to a lien for
and may be sold to pay all fines and costs
assessed against any such occupant for
any Violstion of this act; and such liens
may be enforced by civil action in any
court having Jurisdiction, provided
that the person against whom such fines
and costa are assessed shall be committed
to the Jail OF the county until such fines
and costs are paid" The case on which
the decision was made is one In which
the wife owned premises on which in.
toxicating liquors were sold, bat which
had been 30 leased not by herself but
through her husband as the general
agent for the management and control
Of her real estate. The full text Of the
decision IL as follows:
l. Section 1S of the prohlbItory LIQUOR
law Of 1881 il not unconstitutional OF
void.
2. Where wife owns certain real
estate and makes her husband her gen.
eral agent for the management and con.
troll OF the same and for leasing theIsame,
and with full knowledge he leases it for
the purpose that intoxicating liquors may
be sold and battered on the premises, con-
lary to the prohibitory liquor law OF
1881, and such liquors are so sold and
battered, and the person who sells and
bartere the same IL afterWard prosocu.
ted therefor in a criminal action, and is
foand guilty and sentenced TO pay a fine
and the costs of the prosecution: Held,
that the state has lien upon such leased
promised for the payment of such fine
and costs
8. And this, Notwithstanding the fac,
that the wife may not have HAD actual
personal notice or knowledge of the use
that was to be made or was made of the
premises; for, as her duly authorized
agent had such notice and knowledge, il
must be held that she had constructive
notice and knowledge, and that she is
bound by her agents knowledge.
8. And IN such a case the state may
commence an action against the owner
Of the premises to enforce such lien with
out first exhausting any remedy which
II may have against the party who sold
and bartered the intoxicating liqurs con-
trary to law.
All the justices concurring.
This decision Will be important both
IN calling attention to a means of en-.
forcing the law hitherto but little avail
ed OF, and as exercising a saiutary re-.
straint upon many, who supposlng them
selves IN entire immunity from the pro
visions OF the law. have been willing to
share the gains of the traffic in intox.
icatinR liquors so long as they were moi
exposed to any of its risks. The kind
of effect produced is already apparent
IN this vicinity since the notification BY
the sheriff to certain property holderl
that their premises are to be held re-
spOnsible under the provisions of thil
| &C { for the business carried on therein
There is twofold advantage gained IL
the enforcement Of this property
clause Of the prohIbitory act. First
the state is secured in the most effective
way in the prosecution of all offences
and second, since the responsibility
reaches all who are concerned, the diff
Guilty which saloon keepers will have il
finding premises to carry on their bust
ness and successfully evade the provi
sions of the law will be many times In
creased. All that the people of Kansa
need in order TO reach ultimate success
in the enforcement of prohibition is tn
determined continuance in the enforce
ment of law along the lines of policy
already laid down. The way of th
transgressOr will grow harder ant
harder.