The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-15
Senate Refuses to Pass Two
Temperance Bills.
County Attorney InquisitiOn
Bill in Effect Defeated.
NOFTZGER EXCITED.
Resents InsinuatiOns That He
Is COwardly.
Vote to Strike Out Enacting
Clause Prevails.

Both or Senator EurrePS prohibition
measures came up in the senate on a
committee of the whole and were turn
ed down, at least temporarily. The SEN
ate seemed to think that the bill passed
yesterday was all the prohibitory legis-
lation necessary.
The first one Of the bills to come up
was the one concerning the abatement
of common nuisances by injunction. The
bill provides that any one may main
tam an action IN the name of the state
to abate and perpetually enjoin the
same 1t also provides that If any lessee
or sublesSee on any building or property
shall keep or maintain any common
nuisance within or upon any such build
ing his lease shall Immediately become
void. 1t also provides that the court
shall compel full and truthful answers
to interrogatories by any appropriate
methods and that no person shall be
excused from answering any of the in
terrogatories because such answers shall
tend to incriminate the person making
the same. Publication in a newspaper
is all the notice necessary according to
the bill.
The motion was made by Senator
Noftzger that the bill be referred to the
judiciary committee; 1t originally went
to the temperance committee at the re-
quest Of Senator Hurrel who is chairman
of the committee.
Senators Hurrel and Codding both OBJ
ject to the bill being referred to the COM
mittee and charged that the motion was
made with the sole intent of killing the
bill. They both made temperance
speeches and said that it was cowardly
to attempt to dodge the bill by referring
it to the committee where it would re-
main until after the legislature had adj
journed-
Senator Smith took exceptions to their
remarks as he is chairman of the ju-
dietary committee. He said that his
committee had passed on 100 bills and
none of them had been held I'D. He
characterized the bill as vicious and said
that it revolutionized the law in regard
to nuisances. THE nuisance law we
now have is a good one" he said, and
this one certainly does not improve it."
Senator Noftzger got the floor and
said. The senators from Jackson and
Pottawatomie have insinuated that am
afraid to state my views on the temper
ance question, and / want to tell them
that their inSinuatiOnS are false. This
bill is vicious; 1t covers other things
than prohibition: it covers hog pens, and
to say that you can publish a notice
In a paper and then take the hog pen
Is absurd. In regard to such bills as
this want to say that prohibition has
been injured more by fool fanatics who
favor it than by men who oppose it. -
Senator Codding followed with a talk
in which he said that he was in favor
of prohibition and that the proper thing
to do was to pass the bill because he be-
Heved it was constitutional He said
the Republicans had to pass the bin be-
cause they did not dare to dodge it. He
ator Noftzger and again insinuated that
he lacked nerve
Senator Fitzpatrick spoke in favor of
referring the bill to the judiciary COM
mittee- 4 think the bill needs consid-
Grafton he said Il do not think it is
good law" In regard to Codding's threat
that the Republicans must pass the bill
he said:
ssThe senate is here to do its duty and
not to be bulldozed or scared into voting
for any measure without due eonsidera-
ton This bill has been rushed in and
now an attempt is being made to rush
it through. I do not think this senate
should allow an entire brigade OF wo-
men with hatchets to brighten US into
passing legislation without due consider
alton"
The motion to refer the bill to the 5u-
dietary committee was then put and was
carried. It is to be returned by the COM
mittee for consideration next Tuesday at
II o'clock.
When the nuisance bill was disposed of
the bill providing for the preliminary in
vestigation of criminal offenses by coun-
ty attorneys came up. This IS the same
as the inquisition bill which was passed
by the house.
Senator Allen moved to strike out the
enacting clause and that started the de-
bate. Senator Codding made another
speech in which he again stated that he
was a prohibitionist and again excepted
to being called a crank. He was fol-
lowed by Senator Pestana who favored
the bill and made a strong speech in
which he stated that the bill would aid
in the prosecution of liquor cases. The
motion to strike out the enacting clause
was carried by a vote of 19 to II.
This virtually kills the inquisition bill
as 1t will have to be passed upon by the
committee and then take its place at the
foot of the calendar. 1t will probably
remain there as it requires 81 votes to
take it up and the friends of the bill
could only secure II votes on the Hurrel
bill which is virtually the same thing.