The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-16
WON'T Be FELONS
Senate Decides That the Amend
ed Prohibitory Law
Shall Not Send a Third Time
Convicted JOintist
TO THE PENITENTIARY
Senators Say 1T Is Difficult
Already To
Convict Liquor Sellers-Meth-
DDS of Prosecution Changed.

signed to give county attorneys power
to punish witnesses for contempt when
they refuse to give testimony concern
ing violations of the prohibitory law
of which they may have knowledge.
This feature of the Murray law was by
the supreme court declared unconSti-
tutional some years ago, since which
time persons summoned before the
county attorney or other officer to give
testimony against jointists or druggists
engaged in violating the law could be
compelled to give only voluntary testi-
mony.
This bill was reported to the senate
by the committee on temperance, Lamb
chairman, and made a special order for
o'clock Wednesday afternoon. 1t con-
tanned provision that for the third
conviction for violating the prohibitory
law an individual so found guilty would
be compelled to serve a term in the
penitentiary. Making the third offense
a felony caused the debate upon the
bill, which lasted for two hours.
Senator Lamb. who is the leader of
the temperance forces in the senate and
chairman of the committee on temper
ance, to which committee has been as
signed the only Republican chairman in
the senate, presented the bill and made
an extended speech in favor of the fell
ony clause, urging that under present
conditions it was impossible to enforce
the law thoroughly because violators
are arrested, pay their fines and are re-
leased, many times over, yet the BUSH
ness in which they are engaged pro-
ceeds without interruption. Making
the third conviction a felony, the pros
pect of term in the penitentiary will
have tendency to put an end to this
kind of business he claimed.
Senator HeSSin, an advocate of pro-
hibition, offered a motion to strike out
the felony clause and upon this prop
osition the debate took place.
Senator Farrelly made speech in
which he declared that his experience
as county attorney had convinced
him that with the proposed felony
clause added the enforcement of the
law would be impracticable. THE trou-
BILE is he said, I'VE always load up
with theories and are thereby prevented
from accomplishing any good whatever.
In this amendment we propose to send
while the men with money enough to
patronize a club room are undisturbed
in their violations of the law. This
whole matter is a theory. Let US kill
the amendment and get down to bust
ness on this proposition and have an
end of theoriZing and play. We are
dealing now with a condition which
must be met and we are going away
from the point at which we are aiming
by attempting to incorporate such ideas
this into law"
Senator Hessin said the circumstances
attending the enforcement of the pro-
hibitory law are such that the enact
ment into law of the penalty to make
the proposition more severe would make
the law doubly hard to enforce, and eff
it is adopted" he said, I'VE might as
we'll bid goodbye to the enforcement of
the prOhibitOry law.
There is a sentiment against rob-
berry; there is a, sentiment against muir
der, coming from every decent man in
the community said Mr.. Hessin, but
the people are divided in their opinions
on this question of prohibition, and the
views of those people are entitled to
just as much consideration as mine.
favor the enforcement of the law, but
1 do believe that this penalty imposed
is unreasonable and if the bill is
brought up for passage containing this
provision I shall vote against it as a
whole, but if this be stricken out will
support it,
Senator Young Pop) said: eve
might as we'll add that for the fourth
offense violator of the law should be
hanged. I once heard Chinese story in
which if a man got drunk he was
f1ogged. If a second time, his family
and himself were logged. If a third
time the inhabitants of the entire town
ship were fiogged. 1t seems to me that
the proposed bill is along this line, and
1 am opposed to making the third vio-
lation a felony, but believe in the en-
forcement of the prohibitory law
Senator Andrews (Rep.) favored Mr..
Hessin's amendment.
The amendment was lost by a vote
of % to IS.
Senators voting for Mr. Hessin's prop
osition to strike out the Denitentiary
son, Crossan, Farrelly, Field, Fulton,
Hart, Helmick, Hessin, Jumper, Lew
cling, Matthews, Morrow, Pritchard,
Reser. Ryan, Stocks, Stone, Ward,
Young, thinner.
Those voting against it were: Brad
dock, Caldwell, Coleman, Cooke, For
ney, Hanna, Householder, johnson,
Lupfer, Sheldon, Titus.
The consideration of the subsequent
sections of the bill was then resumed.
The bill was considered until o'clock
when it was passed by the following
vote in it's favor: Andrews, Braddock
Caldwell, Coleman, Cooke, Crossan,
Farrelly, Forney, Fulton, Hanna, Hart,
Hessin, Householder. Johnson, King,
Lamb, Lupfer, Matthews Morrow,
Ryan, Sheldon, Stocks, Stone, Titus.
Ward, Young.
Voting against the bill were: Arm
strong, Anderson, Braddock, Field, Hell
mick, Jumper, Lewelling, Pritchard,
Reser. Stone, thinner.
Another feature of this bill is that it
gives to justice of the peace courts the
power to summon witnesses and take
evidence, the same as county attorneys
are authorized to do.
CONSTITUTIONAL OR NOT.
DR.. Johnston Wants the House to
Pass Bills Tt Knows Are Wrong.