The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-16
ALL IN The AIR.
Mayor BergundthaI's Policy Is
Watched With Interest.
Speculation About What He'll
Do With Drug Stores.
PLANS TO DODGE Law.
Talk of Club Houses and Other
Subterfuges.
Utopian Decision a Check to
Club Plans.


with the whisky drug stores?
These are questions which are agitat-
ing the minds of two widely different
classes of people in the city. The lib
erals are hoping that Bergundthal will
close up the joints and let it go at that.
The radical prohibitionists want him
to swoop down on the drug stores and
the clubs with the same violence that
he goes after the plain. everyday sa-
looms.
greatly agitated by the prayers and
threats that are being poured into his
ears by the contending factions. He
pursues his policy or saying little.
I don't know what Will be done yet
is the declaration he made this morn
ing to a State Journal reporter. We
are not ready to get down to business.
We are just getting our police force or
ganized. We have notified the joints 10
quit. Chief Gom thought that would be
the best plan. and 1 think that the
joints have generally accepted the sug-
gestion to quit. It viii take some time
to proceed against those which do not
HERE'S A SCHEME.
The supreme court of Kansas has in
d case when came Up ITOm 1hautdu-
qua county. decided that a city has
authority to impose a light license fee
on drug stores which do not hold per-
NIT to sell liquors, and heavy fee on a
drug store which does have a permit.
It has been suggested that the city
council can practically drive the joint
drug stores out Of business by making
it too expensive for them to hold per
init to sell liquor. The city can pass
license ordinance compelling every
drug store which has a permit to sell
| liquors to pay license fee of $500 or
$1,000 a year. BY compelling these stores
as far as possible to obey the law, it
is believed that the number of drug
stores which could afford to hold a
druggists permit would be reduced
to a very small number The sale Of
liquor could in this way be confined to
very few drug stores in the city, and
could therefore be more strictly con-
/ trolled. and made to conform to the
/ laws.
Besides, the city would add several
thousand dollars a year to its income.
1t is not generally known that this
plan has received the official sanction
of the Kansas supreme court, but such
is fact The city Of Sedan Chautau-
qua county, imposed a license OF $50 a
year on every drug store holding a per-
nit and IS a year on drug stores with
out a permit james K. Tulloss sued
--~-~
paid under protest. The case was heard
in 1888. and all the justices concurred
in the following opinion:
I'VE must suppose that druggists who
have permits to sell intoxicating
! liquors viii sell the same for all lawful
purposes while the druggists who do
not have such a permit will not sell IN
toxicating liquors for any purpose. we
suppose that one class viii sell IN
| toxicating liquors because they nave
obtained permits therefor while the 9TH
er class will not sell Intoxicating
LIQUORS at all because 1t would be q
violation eff the law for them to do
so: and the druggist who sells intoxi-
fcatins LIQUORS may do vastly greater
business than the druggist who does
4 not sell any such liquors Hence there
is a substantial difference between the
two classes and some reason Tor tax
the lat+er We think it
necessarily follows that the ordinance
which we are now considering must be
held valid ,..v-..,,,,,r
The recent decision in the Kansas
T7tonia. association case is said to be a
death blow to such ORGANIZATIONS as me
s FIks. the Turner's. the Arfons, the 10
pexa club and similar organizations
whore LIQUORS are sold only to mem
hers of the club. The decision IS very
sweoping. and settles. apparently, the
question whether a member OF CRUZ
fean buy LIQUOR from the steward
without rendering the steward equally
euiltv with the common jointist
Armed with this decision, the tenn
nerance people think that Mayor Der
gundthal can stop the sale OF liquor IN
The clubs unless it is 50 arranged that
every man has his own liquors IN MS
own locker and goes to his private sup.
NV for every nip This is the theory
Of the Kansas invention OF drinking
cl71bs but it is a theory which IS sell
dom nut into practice
Frank Raynor, one of the big ones OF
the booze belt. has transformed his sa-
loon at Third and Kansas avenue INTO q
cigar store. and says he VIII not sen
lidl1or. Raynor lives in North iopeKa'
RergundthaFs home. and he mas never
stoned selling liquor. even under STAN
and Hughes. He has big JOINT ~
North Topeka besides the one at Thlro
and the avenue.
Subterfuges have commenced 70 come
in. It is reported that swell clun
house Joint and gambling room has
been started in q handsome QUINCY
street residence which does not look IKE
a wet goods emporium.
The beer wagons continue to travel
about town but they keep canvas
cover over their kegs and cases now
instead of exposing them to the scald-
ing RAYS of the sun.