The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-08


j and disorderiies have largely disap-
.lpeared, -
i The prohibitory. law has never had
fair chance In Kansas. 1t has bat
tappetites of anSextensive constituency,
fortified by legal sanction through
many centuries of the worlds history,
and made powerful by the enormous
| wealth OF enormous profits. Every
Estate surrounding US has been opposed
1 to our policy and has contributed in
every possible way to its failure. 1t
has been like farmer striving to keep
/ his farm clean of noxious weeds, while
his neighbor. farmers permitted their
farms to become foul and SOW his farm
| thick with seeds with every waiting
wind that blew his way from their
premises. Our success under these
conditions has indeed been remark
able. The absurd contention that more
tliquor is sold in prohibition Kansas
than In license states should deceive
no one. 1t is made chiefly by those
who would be entirely content with the
prohibition policy If their statements
were true, but official figures album
dainty refute the ridiculous statement.
Uncle Sam is pretty good bookkeep-
er and a pretty good collector. Com
pare prohibition Kansas with our
neighbor, license Nebraska, for in
stance. Nebraska has about one-third
less population than has Kansas, but
/ Uncle Sam has collected about $4,000
900 year liquor tax from the people
of Nebraska. while he has been able to
get only about 100000 from Kansas.
The amount of fermented liquor sold
| In Kansas is from s 900 to 10000 bar
rels year. in Nebraska from 200, 900
to 100000 barrels. and in Missouri
from 2,000, 900 to 100000 barrels.
When 1 came into office two years
ago, found this law largely ignored,
| If not flagrantly violated, In every city
of the first-class in the state, and in
many of the smaller cities and towns.
A most difficult duty confronted me.
A definite policy was at once formu-
| lated, and, acting in harmony with the
attorney general this policy has been
steadfastly pursued. The enforcement
| of this,as of other laws, rests primarily,
under our statutes, upon the local au-
| thorities. l agree again with Cover
nor Martin, who, in the same speech
from which 1 have already quoted,
said:
Whenever or wherever the laws are
not honestly enforced the local judi
ciary officers-that is, the county at
| torney and sheriff-are the RESPONSE
| BILE parties. 1t is practically impossi-
| Bile for any one to sell Intoxicating IL
quor as a beverage in any town or city
| in Kansas If the county attorney and
| sheriff of the county do their duty.
These officers, cooperating together,
can make the illegal sale of liquor i'm
| possible
To this official combination, how
| w
who, If unfriendly. can greatly impede,
! If not entirely prevent, the enforcement
| of the law. Recognizing these funda-
mental facts. as well as the Limitation
of power conferred by the legislature
upon the governor for the enforce
ment of this and other laws, L have
written to every county attorney and
sheriff In the state. and to many of
| them repeatedly, urging the enforce
ment of the law. Custer proceedings
were instituted against the mayor of
Kansas City, Kan. the largest city in
the state. and against the county attor-
ney of Wyandotte county. in which
this CITY is located, which were sue
cessful, owing largely, let it be rem en-
bered, however. to the peculiar ability
of Attorney General Coleman1and his
able local assistant. Mr. lTrickett. and
to the character of the presiding Judge,
Judge Holt. Similar suits have been
begun in other cities. Assistant at
torneys general have been appointed in
ten other counties, with varying results.
But believe it can be said without ex-
travagance that there are more towns
and counties in this state today that
are saloonless and jointless than ever
before since the law was enacted. Re
suits have been remarkable. In four
ffths of the los counties the prohibi-
tory law is as well enforced as other
penal statutes. The constitution i'm
poses upon the governor the duty of
enforcing law, but legislatures alone
give eHGcL TO REQUIRE
ments and furnish the executive with
power for their enforcement, The
governor can only enforce law with
law. The various laws enacted by
Kansas legislatures during the past
quarter of a century to make effective
this constitutional amendment have
been stubbornly contested in the
courts in every possible way by the
liquor interests. Some of these laws
have stood the test, but some of the
inn
nulled by the courts.
Government said Henry Clay, sis
a trust. and the officers of the govern
ment are trustees. Law" said Hol-
critics. Let the sanctity of law"
said Lincoln, tbe taught to our chill
dren in, the public schools, preached
from our pulpits, proclaimed in the
press, and enshrined in the hearts of
all the people, If laws are unwise
they should be amended or repealed, |
but while they are laws they should be
obsyed and enforced, and "the best
way to prove that law is bad is to |
enforce it, said President Grant. When |
any question of governmental concern
is uD for original discussion it is the |
privilege of every citizen to have and
to express, freely and without re-
rtraint his opinion upon the subject, |
but when the matter has been crystal !
lized into law 1t passes out of the do /
main of discussion, except for amend /
ment or repeal. There is then but one |
duty of the officer, and that is to en- |
force the law, and but one duty of the |
citizen, and that IS to obey it. The spe- |
cious plea that any law is under the |
ban of an adverse public sentiment as
an excuse for official dereliction is UNI |
worthy of consideration The officer |
did not make the law and it not re- |
sponsible for its making. He has moth !
ing to do with public sentiment He
did not swear to obey public sentiment |
He spore to enfore the law.
LET me say to YOU" said Judge j. |
IT. Dickinson, of the federal court in
the Indian territory in a public adj |