Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-03-10
THE COURT WAS RIGHT

The decision OF the Supreme Court of
Kansas, that the saloonkeepers whose
property was destroyed IN the raids
made By Mrs Carrie Nation ana her
ha,chet-armed followers, are entitled
to damages from the authorities Of the
cities and towns where the riots oc-
CURED, seems to have startled some
people and papers so much as to upset
their logic and their judgment They
appear to think that because the sn'
loonkeepers, carried on an unlawful
business, their property was not en-
titled to police protection
We think the structures that have
been passed upon the Kansas court are
not Justified The question Is asked,
whether a gambler would be entitled to
recover damages for the destruction of
the appliances Of his place Of resort
when raided by the police But that
Is a very different matter Forciblr en-
trance by properly constituted authori-
ties and the breaking up Of unlawful
apparatus by officers Of the law, Is al
together different to the lawess and
riotoua po OF Mrs Nation and her
half-crazy crowd Of women, indamed
BY excessive zeal and not clothed with
even "a little brief authority"
We were surprised to find in a re-
spectacle contemporary this singular
argument
"Mrs Nation may not have had any
business organizing embarrassing
raids, but the police were derelict In
their duty and, from time immem0r-
laI. when such contingencies arise, cit
liens are justified In taking the law in
to their own hands
IL that correct? II the police Of Snlt
Lake city should fail 10 suppress gam
bling in known resort, would the peo-
pie be justified IN forcbly entering the
place ana smashing the furniture, the
roulette tables, faro boxes and other
appliances Of the placer Il saloon
should be running without license or
be found doing business on Sunday In
violation Of law and the police should
overlook or fail to recognize the
wrong, would It be proper for
private citizens, or those minis
tiers who proclaim against Sunday
liquor traffic. TO organize a mob,
break into those places and destroy
the fixtures, goods and effects of the
proprletors? We think not, and yet
that Is the logical conclusion Of the rea.
soning OF our contemporary
If saloons are kept open In Kansas IN
defiance of the law it Is the duty of
the authorities OF the cities and towns
where they are In operation to correct
the evil II they fail IN the perform
ance OF their duty, the citizens have
the right TO avail themselves OF every
lawful means for the suppression Of
the evil. both as TO the lawlessness of
the saloons and the failure on the part
OF the police But they have not the
right to accomplish the desired end,
by destroying property or raising a
riot or performing any other unlawful
act. That appears to us as clear as
daylight can make IT,
1t was the duty Of the peace authors
ties IN Kansas towns to prosecute the
unlicensed saloon Keepers and II any
smashing was permissible TO do the
work themselves II they neglected or
refused to perform this work, II was
equally their duty to suppress rlotlng
and the destruction Of private property,
II would be very poor kind OF law and
policy which would justify the smash
Ing Of mans furniture, because he had
broken some law and had not been
prosecuted for his offense Lawless
conduct cannot be met with lawless
violence In civilized community We
believe the decision Of the Kansas SUI
preme court Is all right considering all
the features Of the case,