Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1888-03-28
A DEMOCRATIC JUDGE.

Our people generally remember Judge
Dawson Smith, of Ashland, Clark
county. lie was the democratic candi-
date for district Judge, III 1856, against
Judge Ellis. If there was ever a doubt
about Judge Smiths ability as Judge,
it has been, i'll great measure removed,
at Ashland. He was elected judge
pro tenn and held court there last week,
and it fell to his duty to charge the
grand jury with its duties. Though a
democrat, an anti-prohibitiOnist from
principle, and believer in the greatest
degree of personal liberty, he arose
above party or individual opinion and
delivered the following charge the jury.
Gentlemen of the jury: Section %
of chapter 30, passed by the legislature
at its session of 1882, the title of which
act Is as follows: IAN act to prohibit
the manufacture and sale of intoxicat-
ing liquors, except for medical, scientific
and mechanical purposes, and to regu-
late the manufacture and sale thereof
for such excepted purposes" makes it
the duty of this court to especially in
struct you concerning this act; and re-
quires me to direct you to inquire par
ticularly of all violations of any of its
provisions.
las To the wisdom of this law, gentle.
men, 1t is neither for myself nor you to
criticiSe in the discharge of our imposed
duties. The people of Kansas, by con-
stItutional amendment, and the repre-
sentatives of the people clothed with
legislative authority, have embodied
prohibition in the organic and session
laws of our state; and while some of
you might have prejudices OF your own
on this question, yet IL you remain on
this jury 1t Is your imperative duty Ia
take the law as you find it, and not as
you thinkit should be; hence I invite
your especial attention to the said laws
of 1881, and also To said chapter les of
the session laws of 1857, Relating 10
sales of intoxicating liquors."
under existing laws is unlawful for
any person or persons To sell or barter.
iOr any purposes, any malt, yinous.
spirituOus, fermented, or other intoxi-
eating liquors, except those persons who
have hrst procured a druggists permit
| therefor from the probate judge of this
county, and wherein such druggist NAV
be doing business at the time.
Therefore, gentlemen, 1t will be your
privilege To subpoena before you the
| probate judge OF this county, for the
purpose Of ascertainIng who, il anyone
has procured such permit; il no sucl
permit has been ISSUED To anyone. a.
contemplated by law, then in that event
| instruct you that every sale, and every
barter, Of any malt, vinous, spurious
fermented, or other intoxicating liquor
Is a violation of the law, IL such act la.
been committed within tbs statute %
| limitations. of which the county attor
ney will inform you. If you fnd, from
| your investigations. that any person Of
| persons have sold or bartered any intOx
icating liquors of any kind whatever
rs enumerated i'm the statute, in viola
| ton of law, il will be your duty TO pre-
sent indictments against them, and fo
this purpose your Jurisdiction is comm
ed within, and yet co-extensiye will
this county; and in making such investi
| cations your inquiries will not be limit
ed to those places where such hquor'
are most commonly supposed TO b,
handled and kept for sale and barter
sGeia ss drug stores, but you must MAKE
every efISs.to find out whether or no
it Is sold or bartsrA6 by those running
what are sometimes l5Fpeq ~D0otlel
Saloons" either on the streets ens
alleys of the towns and cities or an;
other places within this county. ] hops