The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1889-11-15

OF much bad liquor and the breaking of
much good glass.
We had IN Des Moines. when prohibit
ton became the law sixty saloons and
tNenty-thrcs drug stores. very few of
the latter. however. selling whiskey.
That Is less than eighty-thres places
where liquor could be sold. 1t is impos-
sible to tell how many there are now.
A partial examination Of tho Justices
dockets shows that search warrrnts have
been issued against 400 different persons.
400 persons In Des Moines, ss far as
heard from, selling liquor in violation
OF law In this year of grace, 1883, and
OF prohibition the ..sixth-csn it be pos
sible?-4W persons falsely accused of
selling liquor and the county paying a
premium for perjury. Which is it? 10
prohibition q failure or is it worse. Is
1t a-rosring tarce OF an awful tragedy.
In sober truth it 10 something of each.
1t has not reprcssed drunkenness and it
has stimulated pilfering by perjury.
In many of tho cases no liquor was
found and WI doubt net the charge was
wantonls made, We are prone to be-
lieve this is true IN a majority of cases.
But who will balance the account
Here are two columns. In one we
win place the cases OF liquor selling, in
the other the easss of piife.ing by per.
jury. Our So :rch warrant cases againet
four hundred different persons must be
disposed Of under the one head or the
other. Whatever the result, is it not a
shocking ons2 Suppose we compromise
on an even basis, and hen we have 200
liquor sellers and 400 persons unjustly
accused and without redress. while the
accuser is rewarded from the county
treasurer and the taxpayer is robbed.
This 10 the sure effect of prohibition.
II has failed In much but SO much it has
accomplished. And what is true of pro-
hibition now has been true during all
the years of its trial.
During the campaign of 1887 the indie
pendent committee showed that 1900
cases had been Instituted during aperiod
of sixteen months. So the present con-
dition is not exceptional or tr%ansitory.
II inheres in the law. 1t inheres in the
system which %enlists greed and rapacity
in the service Of the law. 1t is the
blight and curse of the informer. For
years the experiment was tried of max
ing Ireland a Protestant country by aid
of an informer. The laws invited perse.
cuticn and stimulated perjury by the
offer of great rewards. Whatever
sceundrelism in the country was latent
was under this system soon developed.
Much misery was entailed upon the peo-
pie, but they remained steadfast in their
faith. The experiment of reforming by
means of infOrmers has beer abandoned
there and now we are engaged upon it:
We have sown the same baneful reed and
We are reaSing the same bad and bitter
fruit. After six years of most faithful
trial the only doubt We can entertain is
whether in the thousands-yes thousands
of cases every year brought into this
country we have evidences of liquor
selling or OF perjury; whether we have
suffered most in point of sobr.ety OF in
point of integrity.
In every struggle for liberty the first
effort of the people has been to protect
themselves and their homes against I'M
reasonable search and seizure. In the
first great charter of English liberty it
was provided that every man should be
protected in the free enjoyment of his
life, his liberty and his property unless
forfeited by the judgment of his peers
or the Law of the land When, in this
country, our fathers came to establish
free government upon broader and more
firm foundations han had as yet been
known, they provided that "the right of
tho people to be secure in their persons,
houses, papers and effects against unrea-
soRable searches and textures shall not
be violated, aud no warrants shall issue,
but Oh probable cause. supported by cath
or affirmation and particularly describ-
ing the place to be searched, and the
persons or thing to be seized" This
provision of the federal constitution is
In substance contained in every state
constitution, and is contained in very
words in the constitution of Iowa. The
security of the people thus provided for
is the first and the highest blessing of
free government and because 1t was SC
precious a thing it was protected by the
fundamental law OF both state and ma
ton.
But mere rhetoric will not preserve the
rights of a people. Eternal vigilance is
the price of liberty. The best of laws
and constitutions become dead letters
unless animated aud sustained by an &C.
tive and jealous public sentiment. A
pregnant illustration of this truth is af.
forded by the experience of this commu-
nifty during the last i've years. War
rants OF search and seizure have been is
sued by the thousand every year during
that time. Were they issued upon prob
able caussS The affidavit in nearly
every case was by constables who had a
personal interest to the extent of the
fees allowed by law to prompt their &C
lions. In hlore than three-fourths of all
the cases brought up by these men their
afidavits were g%roundless as their own
returns to the warrants proved.
1t was not SO long ago that it should
be forgotten since ruffiaps entered the
home of Andreas Duerrs with a warrant
to search the place. The Duerrs were
Germans, and could not understand
what was told them OF the purpose OF
this visitation. AS the officers proceeded
to open the cupboard the good woman
objected. She was rudely pushed to the
floor and when her husband interfered
he was set upon and with dubbed re
volvers aud beaten into insensibllity. TIE
this day he has not recovered health ane
strength. and he and his family who
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