The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-01
IT IS CUT OUT.
No Hop Tea Section in Misde-
meanor Ordinance.
Prohibition Wing Compromises
With the Ants.
LONG, LIVELY DEBATE.
Councilman Nipps Takes a Lead
ing Part.
Finally the Vote at End Is
Unanimous.
LONG, LIVELY DEBATE.

The olive branch was extended last
night by the prohibitory wing of rne
city council to their coIIeag CUES OF that
body who are lined up on the more
liberal handling Of the liquor question,
in the hop tea aght which has been
pending for the past week. The olive
branch was gladly accepted by the op
position. The hop tea ordinance as it
now stands on the ordinance books will
remain N force and the revision of the
ordinance and the placing of it in the
general misdemeanor ordinance as
drawn up by Chas. F. Spencer will not
take place. The section which com
Frised that ordinance was stricken out
after deluge Of motions and counter
motions and the misdemearlor ordinance
was passed then unanimously.
For a time it looked very much like
a repetition Of the useless fight of Mon
day evening when a deadlock enSued
and the ordinance was held up.
A motion to reconsider the ordinance
was carried unanimously. Councilman
Rice opened up the ball of discussion by
saying: 81 feel a little ticklish about
the feeling on this prohibition question"
Councilman Horn followed by offering
to amend the section by placing the
amount of hop tea to be consumed on
the premises where purchased down
from one quart to one pint. Horn in Of
fering his motion said: 81 don't see the
use of making this one quart. If a man
is to take a bath send him to bath
house and don't make him drink a
whole quart of this stuff. No one can
drink q quart. If you want to prohibit
it strike it out all together"
Councilman Green arose in defense.
1.-THE question of the sale of hop tea is
not the thing which is the vital point.
The hop tea ordinance was drawn up
simply to guard against the subterfuge
used to dodge the prohibitory question.
When they talk Of prohibiting the sale
OF Misunderstanding drinks they are talk
ing off the question. It's our duty as
councilmen to pass ordinances which
will act as safeguard from the subrer-
fuges of men of crime"
Councilman SwendSon said: ITO pass
the amendment of Mr.. Horn would be
to entirely nullify the purpose of that
ordinance. The council has the author
ity of the city attorney to the effect
that the OF dlnance is legal and that the
supreme court has upheld the validity
of this ordinance. The purpose of the
passage OF such an ordinance is to pro-
hibir the subterfuges adopted by these
people who evade the law. If we made
this change to one pint it will nullify
the purpose of the law"
Mr.. Spencer said: 'I drew this or
dinance word for word after an ordin-
ance of another city which was tried
and sustained in the supreme court"
stand in favor of the retention of the
hop tea section in the revised disdemea-
nor ordinance. He said, You are
simply weakening the machinery of en-
want to weaken prohibition, or if you
want to strengthen it depends upon
what course you take with reference to
this hop tea ordinance"
Councilman Ryder opposed the reten-
ton of the section in the proposed mis-
demeanor ordinance. II take" said he,
''I presume different standpoint from
any of you on this matter. I look at 1t
from a different viewpoint. l am OPP
posed to any reduction whatever in the
amount to be consumed. / am opposed
to the amendment of cutting down the
amount to one pint 1t looks ridiculous
tc me for the council to attempt to
prohibit the sale of drinks which are
not Intoxicating simply because they
have the appearance and form of in
toxicating drinks. Because they have
the color and are. sold in the bottles
which look like beer bottles. It looks
ridiculous to prohibit or legislate
against the sale of malt tonics. nutri-
tious and healthful as they are and de-
void of intoxicating qualities. I am
against the whole thing and move that
the section be stricken out"
The motion lost by vote OF to ..
Ayes: CounciImen Ryder, SiTnms, Hol-
1iday, Rice and Horn. Hayes: Coun-
cilmen Griley, Nipps, Green. Howe, Shi-
mer, Swendson and Hughes.
At this juncture the council lost it
self in a rain of motions, amendments
and amendments to amendments. The
condition was brought about by the
over anxiety of number of the coun-
Gilman Griley made the motion after
ordinance passed. After struggling for
half an hour, a motion to reconsider
the vote on the adoption of the hop tea
section was recognized and put. Coun-
Gilman Grily made the motion after
having decided on mature considera-
ton that he would change his vote
a tie vote. Ayes: Councilmen Ryder,
Simms, Griley, Holiday, Rice and
Horn. Noes: Councilmen Nipps, Green,
Simmer, Swendson and Howe. This
was the line up which threatened on
the passage of the misdemeanor or
dinance and Councilman Swendson
perceiving the situation said: ct see
there is nothing to be gained by this
action. We are coming out the same
way we came out Monday night and
in order that we may get down to bust
ness and accomplish something I move
that the hop tea section be stricken
out. I don't think that it will make
much difference anyway, as we have
already an ordinance in effect
Councilman Nipps had on his fight
ing clothes, 81 am opposed, said he,
"to striking out this section. We have
paid money out to have the ordinance
pltCSQ III mere VIII t4CSS OllICI
ances and I think that's the place for
it. If it's the purpose to knock out
that hop tea ordinance it ought to be
done in a square fight and on that
issue alone. This section ought to be
put in here now and if you want to
cut out the ordinance entirely that
should come UP another time
After some discussion, Swendson's
motion prevailed and on a final vote
the section relating to hop tea was
stricken out ard the misdemeanor or
dinance passed unanimously. The old
hop tea ordinance still stands as it did
and will not appear as revised. There
is a quiet movement on to knock out
the hop tea ordinance at a regular
meeting of the council. A lively fight
will ensue when it is attempted.
A petition calling for the construc-
ton of a sidewalk from the south line
of First street fc fha uSrfh line Of