The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-12-26
PROHIBITION IN KANSAS.
How the Law Really Works Which Is, that
1t Doesn't Work at All.

| How the Law Really Works-Which Is, that
1t Doesn't Work at All.
| Letter in Chicago Tribune.
In few cities-like Leavenworth and Dodge
| City-the saloons have never been closed. In
the former place, when the law went into effect
no attention paid to it until one of the
itinerant lecturers. who had been swarming in
the State, made affdavits against several promi-
! nenJ dealers, and gave the names of some Of the
most prominent citizens as witnesses. When it
| became generally known that this had been
/ done the wrath Of the parties summoned knew
no bounds. The lecturer was thrashed three
! times in going two blocks and was compelled to
call on the police authorities to protect him
| against the Infatuated citizens Since then no
one has mustered the courage to take it on him
! self to enforce the law. The officers have done
! demanded, but this has virtually been a null
| LITIGATION of the spirit In Dodge City no
| attempt has ever been made to close the bars.
| 1t was rumored that Ex-Governor st. John and
| other lecturers were going oat to make raid on
| the place, and a petition signed by the mayor
and many of the best citizens of the city
| questing them to desist was sent in. They gave
as their reason that they did not consider it safe
! for the raiders to come there, and if they did
| come they lthe citizens) would not answer for
| the consequences. The good people thus warned
\ concluded that discretion is the better part of
valor and did not go. AS Dodge City is largely
inhabited by cowboys and that class it is proba-
! bly, just as well for them that they did not
! In Topeka, Atchisou, Lawrence, Wyandotte,
and other cities the law has at tines been
| forced usually during a session of court and
for a week or so afterwards In all these cities
now the saloons are running at full blast almost
| as openly as before prohibition became a law.
| The history of the attempts to enforce the law
| is about the same in most parts of the State
| as it has been here. When the law first
came into force not drop of anything was sold
| for probably ten days. At the end of that time
| some OF the more venturesolne sold on the sly.
These were followed by others. till all the old sa-
| looms Opeupd Then several
went into the business. At last the county at
| torney began to prosecute, but it was of no
avail The saloon men banded together and
hired two of the best lawyers they could get, at
| salary Of So 600 to defend them against any
prosecutions that should be made. Cases were
appe2led, and every legal technicaity that could
| be raised was taken advantage of to delay and
! hamper the enforcement of the law. But the
! greatest difficulty experienced was the action of
| juries summoned to try the cases. No difference
| what the evidence might be, two jurors
! would refuse to convict One jury went so far
as TO bring ia verdict of malicious prosecution,
and tax the costs against the prosecuting witness,
| although the evidence was positive that he had
! bought the liquor, which exhibited i'm open
| court, Of the defendant. This seemed to par
alyze the officers for no prosecutions were made
| for several weeks thereafter and the saloons
were run with open doors.
At last one of the attorneys who had before
| been in the employ of the saloon was nom
! mated and elected County attorney. He made
| desperate effort to enforce the law, but for
/ long time to no avail Finally he took the cases
| before justice in distant part of the county,
! who convicted every man brought before him.
| With the aid of a sheriff in sympathy with the
/ attorney, juries were obtained which convicted
on appeal. In this way quite number of con
| victiOns were obtained, and the terror inspired
| closed the front doors of the saloons-at least
4 during the session of court. They gradually
| opened again. however. Now there are nine or
| ten places where any one can get liquors by the
| drink or III quantity There probably a
| dozen more where persons who are known can
| buy There is, moreover, q brewery in full
| blast which has never stopped except Tor week
/ or al a time
In the attempt to enforce the law the prose-
1 cutting attorney has begun 1872 cases, Thirty
| three have been Withdrawn and twenty nine
1 have been prosecuted to "a successful tcrmina-
| ton. Fines have been imposed to the amount
of $40, 100 but of this amount only 5000 has been
paid. The rest, for various causes. was not col
| lected. The county stands responsible for
| large amount of costs. and the revenue in the
| meantime has been lost to the city. Before the
law went into force from this source 81. 250 was
paid INTO the city treasury yearly, making Tor
the four years $lS 900 that the city has lost, aud
4 the same or a greater amount of liquor has been
| sold than before Nearly everybody is disguised
/ by the workings of the law, which is shown by
the fact that the same attorney who made the
bitter fight as county prosecutor in these cases
was elected to the State Senate as q Republican
/ by only seventy seven majority when the rest of
/ the Rep blican ticket was elected by ma Orities
/ ranging from 500 TO l, 500 The main objection
| TO him was his part in the liquor prosecutions.
| How the sentiment in regard to this matter has
changed can be judged from the fact that this
county gave one Of the largest majorites of any
county in the State for the prohibitory amend
ment, and when st. John ran for Governor, in
| 1882 and was defeated more account of the
! prohibition issue than any other, this county
! gave him 400 majority. So it be seen that
! this was one of the strongest prohibition coun-
! ties in the State.
In politics the prohibtory question has been
| Il stumbling block ever since it became an issue.
When 1t passed the Legislature. both houses
were virtually unanimously Republican. Its
1 main supporters were Republicans. and it has
received its main recognition from Republicans;
| bnt the Prohibitionsts have growled and snarled
at that party, the disaifection eliminating in
| the treachery of ST. John and the convention
! that met in Topeka the 10th inst. when the pro
| hilton element cut loose from the Republican
party, st. john leading St. Johns treachery
and this last move has disguised the Republic
ans with the Prohihitonists and at the session
of the Legislature next month they will not get
much support While canvass of the members
does not show majority for resubmittng the
amendment, there is fair prospect that con-
stitutiOnal convention will be called, which will
virtually amount to the same thing 1t would
meet the wishes of nne-tenths of the people and
would remove load from from the Republican
| party that has once caused its defeat and may
| do so again.