The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-14
City Council Passes ordnance
to Prevent Its Sale
Can Be Handled Only in Gallon
Quantities.
VALIDITY In DOUBT.
Attorney Spencer Fears Will
Not Stand Final Test.
Thinks City Has No Right to
Pass Such Regulations.

the city council Monday night passed
an ordinance prohibiting the sale of hop
tea tonic in drinks and also requiring
that every place where soft summer OF
malt drinks are sold be kept in the
nnobstructed view of persons passing
outside Hop tea may be sold in guam
titles of gallon or more. Tie pur-
pose of the passage of this ordinance
is to assist in the closing of the joints in
Topeka where, during the past month,
hop tea has been kept on sale as d
substitute and blind for beer. The po-
lice have had trouble with the jointists
and the simplest way appears to be to
prohibit the sale of hop tea and all other
keg and bottled drinks.
1t is doubtful if the new ordinance
would stand the fire of the supreme
court if it ever should get there but
At may serve the purpose of 'bluning."
1t was drawn by Judge T. F. Carver.
When the ordinance was presented to
the council last night for passage city
Attorney Spencer said: L have my ser
1ous doubts about the validity of the
seizure section of the ordinance. Judge
Carver. who drew it, appears to have
considerable faith in it and it may be
all right. / am not certain that the con-
ElllullOn gives NllltS OIL lilG III st CLASS
authority to pass such ordinances.
Cities of the second and third classes
have been held to have sucn authority
under the general welfare clause.
merely want to call attention to this
fact as 1 have not been personally en-
gagged in the preparation of this or
dinance, so that no councilman in the
future will have an opportunity to COM
plain that l did not say anything about
it, If that is the sort of ordinance you
gentlemen want l have no objection
to it's passage"
Councilman Joseph Griley, who is d
resubmission Democrat, saw other than
constitutional .objections to the adop-
ton of the measure. He said. 4 tried
some of this hop tea the other day. 1
drank half a glass of it. and l want
to say, gentlemen, that it IS the vilest
tasting stuff L ever drank. do not
want to be guilty of forcing whole
gallon of the stuff down any mans
throat 1 shall be obliged to vote no on
the ordinance"
The ordinance was adopted by the
bare necessary majority of the council.
the final vote standing as follows.
Ayes-Kutz, Weber, Howe, Sinner.
Swendson, and Tincher. Noes-Blos-
SON. Ciriley, and Snyder.
Considerable attention was paid to
the liquor problem at the meeting, and
Councilman Weber contributed his
ideas in the shape of a resolution to
license liquor selling drug stores. He
proposed charging every drug store
that holds a permit to sell Intoxicating
liquor $25 per year for the privilege OF
holding it. The resolution, of which
there are some indica tons of approval
was referred to the committee on
license
THE HOP TEA ORDINANCE.
The hop tea ordinance adopted by
the council is as follows:
Section I. 1t shall be unlawful for any
person to sell, barter or give away in
the city of Topeka. any malt, hop tea,
hop tea tonic, or other malt drink used
MS a beverage, in less quantities than
one gallon or to permit or suffer the
some to be drunk on the premises where
sold or given away; nor shall any per
son sell or give away cider, pop, soda
water, mineral waters, lemonade, sarsa-
parilla, ginger ale, or other like drink
in any store, shop or other place OF
business, screened from public view by
any partition, prescription case or other
devise to prevent publicity.
Sec. 2. 1t shall be unlawful for any
person to sell or keep for sale or use
sny of the beverages named or describ-
ed in the preceding section at the place
where any intoxicating liquors are sold
or kept or permitted to be kept for any
purpose whatever; provided that this
section shall not apply to a druggist
having a permit to sell intoxicating Ii
uuor
Sec. 3. Any place where malt, hop
tea. hop tea tonic or other malt drinks
used as beverage. are sold or used in
violation of the next preceding section.
shall be deemed a common nuisance
and shall be abated and the keeper
thereof shall be punished as hereinafter
provided.
Sec. A. When any warrant is issued
for the arrest of any person charged
with the violation of the provision of
section of this ordinance, the warrant
shall direct the officer to whom it is
addressed to take possession of all malt
liquid used as beverages therein and of
all glasses. vessels and bars as well as
Intoxicating liquors found therein and
to hold them subject to the order of the
court.
Sec. 5. Any person found guilty of
violating any of the provisions Of this
ordinance shall be punished by a fine
of not less than fifty dollars nor more
than two hundred dollars. or by i'm
prisonment for not less than thirty days
nor more than three months or by both
such fine and Imprisonment. When any
place shall be found to be a common
nuisance as defined in said section OF
this ordinance the court may order the
city marshal to abate the same and de-
stroy all hop tea, hop tea tonic or other
malt liquor seized in the place together
with glasses, bar and other fixtures
used in their sale or distribution.