The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-20
HE FIGHTS IN vain
Councilman Holiday Goes Down
With the Ship.
Liquor Ordinance Is Passed Over
His Head.
HE STANDS OUT ALONE.
But a Single Vote Against the
Measure.
Club Section Is Killed After
Lively Debate.
LE STANDS OUT ALONE.

After a delay of a week the city
@OUncil last night passed the prohibi-
tory liquor ordinance as drawn Up a
week ago, with the exception Of sec
tion 5. which relates to clubs. The
ordinance passed without serious Op-
position, the sole vote TO be cast
against it was that of Councilman c.
K Holiday of the Second ward.
Section was the storm center in
the discussion which ensued in read
ing the sections of the ordinance, all
others passed with but slight atten-
ton.
The section in question which re-
1ates to clubs follows: 1T shall be
unlawful for any person, directly or
indirectly to keep or maintain by him
self, or by associating or com bining
with others or in any manner to aid,
assist or abet in keeping or MAIN
tanning any club ROOM or other place
in this city, in which any intoxicating
liquor is received or kept for the pur-
pose OF use, gift, barter or sale as
beverage or for distribution or dtVls-
ion among the members of any club
or association by any means Whatever
and il shall be unlawful for any per
son to use. barter. sell or give away,
or assist or abet another in bartering,
selling or giving away any lntoOcaL-
ALAE llQuOI6 80 IEECANC4 III hNPNe
This section was portion OF the
old ordinance knocked out by the su-
preme court. The fight which was
led against the club section owed its
origin to the fear that some Of the
more prominent social clubs and fra
ternal organizations of the city might
come under the scope Of the law and
be subject to a raid.
Doesn't Weaken Ordinance.
Both City Attorney Dreaming and
former City Attorney Charles j. Spen-
Ger, however, are agreed that the Ordl-
nance is not weakened by the loss of
the club section. City Attorney Dren-
ming said: That club section was
very seldom used. I believe Chief
GtahI used it only once or twice in
making raids on clubs. We can get
these drinking clubs all right under
the nuisance provision and there won't
be any trouble in cOnvicting them'
either"
Mr.. Spencer. said: Il don't believe
that the ordinance is weakened in the
least by the loss of that section In
TACT that nuisance section covers every
thing that is needed, and / believe IS
more sweeping. 1 don't think that 1t
will be harder to secure arrests and
convictions under that nuisance sec
ton. I tried to get Chief Stahl to
work under section 3 when L was city
attorney, but he never did use it.
An you viii have to do now is to 90
in and secure sufficient evidence to in
sure that the club OF clubs are null
aancc and you win have all the in
formation needed to secure conviction.
Section 5 has never been used to any
extent"
DR.. L. A. Ryder raised the first OBJ
lection to the section. In moving to
strike out Section 3, Councilman Ryder
said: There are a number of fraternal
benevolent organizations in this city in
which the social element is merely in
cidentaI and yet which under that sec
ton would be affected. Many Of these
organizations were organized before the
prohibitory law was ever thought of or
in existence and it cannot be charged
Ghat they were organized to eVade its
workings. These clubs are benevolent,
fraternal and philanthropic in their
aims and purposes and number among
their membership, the business and
professional men of the city. You say,
of course. that you do not expect to
enforce the section against these or
CARNATIONS but that it is put in to
catch the other places. But 1 believe
that no section should be passed which
At is not intended to be fully enforced. %
c. K Holiday; Il agree with DR.
Ryder. It's true, the legislature passed
that law. but the city council is sit
ting here in a legislative capacity. You
are building up a city and trying tC
increase its population. When con-
Ventions and the legislature are in ses-
sion here. these people expect to be
entertained. They have right to ex-
pect to be taken around and shOwT
Courtesies. The city council ought tC
eliminate that section. We ought t
take care not to place these institu
lions, these organizations, in an en-
barrassing position. They work for tn,
men and some of them are national il
their scope"