The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-08
JOintists and Synpathizers w on
der What win Happen.
May Be a General Prohibition
Uprising.
WHAT OF WICHITA?
People in Whisky Cities Expect
to Be Let Alone.
Rather Nervous However About
Governor HOch.

It seems quite evident from the decis-
ions which the supreme court has been
handing out on the prohibitory ques-
ton that the jointists of the state have
mighty little sympathy in that august
organization.
District court judges who have shown
a decided inclination to strain a point
and give the whisky people the best of
1t on close decisions are having their
decisions reversed with momentous reg
ularity In the last decision on the
Fritz Durein case. which involved the
whole question of consI tutionaIity of
the prohibitory law, the opinion was
written by Judge Rosseau A Burch,
who can put together the most original
ana LofceIul language when writing an
opinion of any of the judges This opin-
ion indicated very clearly the attitude
OF the court. It stated that in case the
present laws are not satisfa Glory and
can not be enforced the legislature has
the authority to Danish the traffic en-
tirely from the state, and that the SUI
prene court will sustain the legislature
in such action. Speaking of the power
OF the legislature, Judge Burch says:
They understand better than any court
can possibly understand the evils
chargeable to the presence of intoxicat-
ing liquors among their own constiru-
ents; they know the extent to which in
tox1cating liquor is used and may be
used by their own people as medicine
and in lawful business pursuits; they
are able to Judge what are and what are
not desirable means to desirable ends;
and if in their judgment high license,
low license. local option, state monop-
oily and all other methods of regulation
and restraint are fruitlesS measures for
the protection of the health, morals
peace and safety of the state against
the use Of Intoxicating liquors, if under
the best possible regulations drug stores
or other dfspensaries become in fact sa-
looms, if such records of sales as are
made at those places reek with rotten
ness, if by such expedients the door is
merely opened to deception and fraud
and perjury, if unpreventable infrac-
tons of the best liquor law devisable
lead to a general disregard of law and
contempt for its enforcement and ad-
ministration, and if drunkenness still
remains common, the legislature may
Danish the traffic altogether. Whether
as a matter of policy the legislature
ought to go any such length the courts
have no right to say That it has the
power, under the law, to do so, the
courts cannot, under the NV, do other
wise than declare"
There seems to be an unusual amount
of interest throughout the state in the
question of prohibition. It amounts al
most to a temperance revival upon the
twentieth anniversary of the enact
ment of the law.
Throughout the state the newspa-
pers are commenting about the situa-
ton. and the state politicians are being
interviewed.
The Atchison Globe draws this con
clusion:
Governor Hoch's resolution to close
the saloons of Topeka will not, il
is generally believed, be extended tC
any other locality. There is an ele-
ment in Topeka which is quarrelsome
and which uses the liquor question as
stick to stir Up trouble. 1t is this
! element which got the governors ear
In Atchison, there is no disposition t
make any change. The people asked
that the saloons be closed on Sunday
and those not run decently be CLOSED
for good. This has been done, anc
every one is satisfied
Down at Wichita, State Treasurer 7
T. Kelly gave out this interview:
Il don't think that the governor vii
start any prohibition campaign 1 thinl
he will leave that matter wholly in the
hands of local authorities. The COVER
nor made the statement in his cam