New-York tribune., 1906-07-18
MAYOR ROSE OF KANSAS oTTY.

Kansas City has always been liberal in its
construction of it's duties as guardian of it's
citizens virtues. The accident Of q state boun-
dairy line places part Of it's people within prohib-
tive Kansas and part in indulgent Missouri,
but the waters OF the Missouri River and the
laws Of Kansas create no arbitrary distinctions
between the residents Of Kansas City, Mo-, and
those Of Kansas City, Kan, as respects their
thirsts. The citizens of the smaller city have
recently asserted in a curious way that they will
enjoy the same rights and immunities regarding
liquor as their neighbors across the river, the
laws of Kansas to the contrary notwithstanding.
Mayor Rose was elected to Office in Kansas
City, Kan. year ago, Democrat in Repub-
lican city. His policy regarding prohibitive
liquor laws was the same as that OF his prede-
cessors and as that Of the Mayors Of other Kan
sas cities-to arrest and fine the liquor dealers
once month. so no Kansas citizen had ever TO
carry his thirst across the river for quenching
Whether on account Of his politics or because Of
the opposition Of corporate interests blocked by
him in their efforts for local franchises (no
martyrs crown is so becoming as that of the
martyr to the "moneyed interestsO, proceed
ings were begun last winter to oust Mayor Rose
for non-enforcement of the liquor law. While
they were pending Rose declared he would sub
NIT his case to the voters. resigned and was re-
nominated.
Before the special election the court hand
ed down a decision ousting him, although no
longer in Office, and enjoining him from exer-
cising the functions OF Mayor. Then he was
reelected by an increased majority. When he
resumed Office, after being out Of it a MONTH
Rose was cited for contempt Of court and fined
81 600. 1t was declared that the injunction ran
for the remainder Of the term for which he had
been originally elected, and that, therefore. In
accepting reelection Rose violated it. 1t Is this
remarkable order which Justice Brewer, Of the
United. States Supreme Court, has just suspended
on a writ Of error. In appealing to the Supreme
Court Mayor Rose took the constitutional ground
that no state should make or enforce a law
abridging the rights of citizens of the United
States. This, he contended, the Kansas court
did in barring him from reelection. If the cit
izens desired a Mayor who would not enforce
the law, the state authorities might remove him
from Office but should not forbid his reelection.
Meanwhile Rose is again Mayor and is likely to
serve out his term before the Supreme Court
finally passes on the right Of the people to elect
whom they will.
No case ever illustrated better the difficulty
of enforcing a law in the face Of hostile public
opinion. Yet efforts to create a sentiment for
law observance are baked by the great body Of
dead letter laws. Statutes which merely
the expression OF a community's good reso-
lutions weaken respect for law. Who is to
choose what laws are to be enforced and what
to be ignored? When a choice is made every
one inclines to make it for himself. The removal
of a man from Office for not enforcing the law
and his triumphant reelection for the same rea-
son help the spirit of lawlessness and are the
logical outcome Of idealism in legislation and
practicality in enforcement