Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1901-02-07
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The people Of Kansas have learned
one thing thoroughly and that is:
no Law can be enforced without the
backing Of public opinion. 1t matters
not whether it be the probibitory law
or any other law, it will BE- q dead
letter on the statute book unless there
Isl sentiment demanding its enforce
ment.
| The effect OF this on the enforce
ment Of the prohibitory law has been
10 transform 1t into local option
measure. There never has been q
time when the joints were closed 10
Leavenworth, Atchison, Wichita,
junction City and other places. They
run openly in Topeka, Salins, and
scores Of other towns. Yet 10 Bald
win, Emporia, Lawrence. Manhattan,
and other places there are no open
saloons and have not been any for
20 years. 1t would be almost i'm.
possible to convict joint keeper 10
the former class Of towns and almost
IS difficult for one to fail OF conviction
in the latter. Yet the same law ap-
plies to both classes and the same
machinery Of injuuctions and arrests
is in their hands.
All depends on what the communi-
ty decides. Not drop Of liquor
could be sold in this city il the people
were unit against it and the same is
true Of Wichita and Leavenworth.
Because certain towns favor the open
ing Of joints it is evidence that the
public endorses it. The officers do
what they think their constituents
want them to do-and they make a
pretty shrewd guess at it, too.
There is no reason why the liquor
question should not be discussed as
frankly as any other but il paper or
an individual does this the epithet Of
"whiskeyite" comes readily from the
lips OF the intolerant. Yet it is a
plain business proposition. Shall
the law be enforced or shall it notp
Nobody denies that probably half the
towns and counties OF the state do
not enforce it-that Is, they allow the
joints torun and fine the jointists reg
ularly. To some extent these COM
munities become partners with the
jointists in winking at the law. The
custom is more general than ever be.
iore-and the people are to blame.
Yet II an individual suggest that it
might be better to have high license
with local option and law that will
be observed fairly he is abused as a
"whiskeyite." That is characteristic
Of Kansas and the remarkable situa-
ton presents itself Of having law
that applies to the whole state, is en-
forced only in spots and yet which
the State apparently could not be in.
duced to change.
The REFLECTOR has always held
that this condition existed that en-
forcement depended on the people,
not on the newspapers, or the officers
or clergy. That it is not alone in
this is shown from the following from
an editorial this week in the Central
Christian Advocate, one Of the official
organs Of the Methodist Episcopal
church. After discussing Mrs. Ma
ton and Wichita it says:
But there is another phase Of the
saloon question which is brought into
the focus Of attention by this episode.
|. is the fact that in that particular
city public opinion favors the exist
ence OF the saloon. 1t is the old con-
test between the written law and the
unwritten law. For at times the
written law or prescription does not
represent the unwritten law or Gus.
tom, and when that occurs the un-
written law wears out the written
law and subjugates it. Where the
unwritten law and the statutory or
even constitutional law are at vari.
ance--that is to say, where public
opinion is not in accord with the
statutory or constitutional law, it is
difficult, and even impossible, over a
long stretch Of time, to enforce the
written law. The reason is simple: |
Law consists Of Thou shalt not"
and it is enforced by penalties. When
the state of society is such that pub.
lie sentiment does not favor the
"Thou shalt not" but would permit
and desires to indulge in what the
written statute prohibits, it will be
found very difficult to execute the
Thou shalt not" and enforce it BY
penalties. The civic motive is absent
or tires out. Applied to temperance
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