The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-03-12
TIE GOVEREORs MESSAGE

The following is the message Of the
governor, sent in with the temperance
bill:
believe section 8 of this act confers
upon county officer very dangerous au-
thOrIty ana powers which should not be
vested in any officer, aud which, in the
hands of an INSCRIPTIONS man, may be
grossly abused without fear or possibil-
ItY of his punishment for such abuse.
My objections 10 Yesting such powers and
authority in the hands of any officer are
so numerous and serious that If the SEES
sion was not SO near its close l should
feel it to be my duty TO return the act
without my approval. But il would be
impossible In the brief time remaining
for legislative action to secure recon-
slderhtion OF the bill, with q view to 8
removal of the objectionable section. l
am therefore constrained, though with
great reluctance, not to withhold my ap-
proYal of the act. In my judgment
brief test of the practical working of sec
ton 8 will demonstrate, its dangerous
authority, but its inef1ciency To accomp-
lish the results apparently intended to be
accomplished through its agency. The
bill should also in my judgment, have
embodied provision explicitly author
Izing the sale by wholesale druggists of
liquors in quantities exceeding one gal
lon, upon tue written or printed receipt
OF such retail druggists that said
liquors would be sold only for
medical, or mechanical purposes.
Before approving the bill. how
| ever, l asked the opinion of the attorney
general. and of the two eminent attor-
neYs who arc chsirmen respectively OF
the seuSte aud house committees report
| inU this hill aG IN ryRElh4r in, lssffa
spirit the act was intended to, or would
prohibit sales by wholesale druggists 10
| legally qualified retail druggists Of
| liquors in quantities exceeding one gal.
| Ion, and whether the provision of section
of house bill No. 367 could be con-
strued as imposing the restraints and
limitations therein set forth, by sales by
| wholesale druggists n larger quantities
to retail druggists legally qualified. In
| reply, the gentleman referred to the gov
ernor the following opinion:
TOPEKA. March 6. 1885.
Hon. John A. Martin. Governor of Kansas,
DEAR SIE: In reply to your commu-
nicatiou Of his date, l desire to say that
the sale OF intoxicating liquors under
| house bill No 367, b. the druggist hav-
| ing a permit To sell another druggist
having permit, IN quantities of not less
ton of the Letter or spirit IF said act
should it become Law, and q wholesale
| druggist in the state of Kansas having a
| permit, under the provision, of said act,
| can sell intoxicating liquors to retail
| druggists out of the state Of Kansas on
tile written or printed statement OF
said druggist showing the liquors are
not to be sold for other than medicinal,
mechanical or scientific purposes, or any
unlawful purpose. without violating the
letter or spirit of the ect.
Very respectfully,
| lSigned1 s. B. BRADFORD,
Attorney General.
We concur fully in the within opin.
ion GkO F. BARKER,
A. II VANCE.
Acting upon this advice, and with this
understanding of the spirit and intent OF
the bill, have given It my official ap-
prevail. Very respectfully,
| JOHN A. MARTIN,
| Governor.