The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-03-27
THE PROHIBITORY LAW
Ex-senator PETER Writes of It in
April Forum.

In the Forum for April ex-senator w.
A PETER, Of Topeka, writes on 'Prohibi-
ton in Kansas. He says:
our prohibitory legislation has all
been through the courts; and the result,
in few words, is that in Kansas any
thing and everything in the nature of a
drinking saloon, tipping shop, dram
shop, or joint is unlawful from any and
every point OF view. Intoxicating liquors
may be lawfully sold in Kansas for
medical, mechanical and scientific pur-
poses only. and nobody other than a
legally permitted druggist may sell for
these purposes. Hence the person whom
we designate a joint-keeper deliberately
and defiantly puts himself outside the
law every time he sells a glass of whisky
or a mug of beer to any person for any
purpose. Furthermore, the place IN
which he carries on the unlawful traffic
was long ago declared to be a public
nuisance.
This kind of legislation differs from
criminal laws generally in one import
ant particular. If a horse be stolen, a.
house burglarized. or a man beaten or
robbed, the offence is primarily one
against property or person, and hence
it is presumed that the personal interest
of the individual most Immediately con-
cerned is sufficient to move him to give
information of the offence to the author
itieS; but in the case of unlawful liquor
selling, the offence is neither against
buys the liquor wants it for his own use.
He asks for 1t, pays for 1t, and drinks i,
or carries it away for future use. The
offence is not against the person or his
property, but against the whole people
in their organized capacity as a state.
1t is not against one, but against all,
taken as one that the seller has sinned
No one person is more interested in the
transaction than another, for all are
equally concerned as citizens or resi-
dents of the state.
1T is not such an offence as would
ordinarily and naturally move the aver
age citizen to notify the law officers,
even if he were present at its commits
sion and knew all about it. The offence
being against the public, obviously pub
lie officers ought to look after the case.
And if the county attorney fails or re-
fuses to proceed. or if, for any other rea-
son, this law is not enforced in any cOun-
ty. the attorney general Of the state is
required to appoint one or more assist
ant attorney generals-as many as he
sees fit for that cOunty-fOr the purpose
of enforcing this particular law. 1t Will
thus be seen that our laws and legal
machinery are amply sufficient for the
complete execution of the prOhibitory
law in every part of the state; and it is
a fact that whenever and wherever the
officers that are charged with its execu-
tion have faithfully done their duty as
the law provides, there has been no more
difficulty in enforcing this law than
there has been in enforcing the law
against any other offence
In a carefully prepared report by an
experienced and thoroughly competent
agent of the State Temperance Union,
submitted a little more than a year ago,
it was stated that 129 towns had been
visited and canvassed, and that of these
129 places, y openly protected liquor
shops on condition of their paying GER
tain stipulated sums of money at stated
"a allowed joints to run
through apparent collision on the part
Of public officials and 40, or less than
one-third of the whole. appeared to have
no such places running. More than two
thirds Of the towns ignore the violation
Of the law; nearly half Of these openly
exacting and receiving revenue from the
traffic"