The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
CuRTISTELLSW WHY
Kansas Senator in Washington
Discusses Prohibition.
State Kept Dry by Struggle of
% Years.
LAW FAILED AT FIRST
Provided for a Fine Without a
Jail Sentence.
Says State Has Benefited
GrookIr hry Tho Do-uIo%ior
LAW FAILED AT FIRST
Says State Has Benefited
Greatly by the Regulation.

William e. Curtis in the Chicago
Record-Herald:
mo, the prohibition movement in the
south has had no effect in Kansas"
said Senator Charles Curtis of that
state in answer to my inquiry. I'VE
have had it so long and SO many at
tempts to repeal the prohibtory clause
In our constitution have failed that 1t
is universally regarded as fixture
with US, and the enforcement of the
law is a matter Of local sentiment en-
tirely.
'Twanty-eight years ago the constitu-
ton OF Kansas was amended SO as to
prohibit the sale Of liquor except for
medicinal, mechanical and scientific
purposes, and laws were enacted by the
legislature fixing penalties for its vio-
latton. At first the penalty was not
moro than $500 fine or Imprisonment for
not more than ninety days, and for
several years no violator Of the law was
punished except by fines. That did not
have much effect upon the liquor traf-
nc. Saloons were maintained openly
In pretty nearly all the large towns and
the cities. The proprietors were ar
rested periodically and brought into
court and convicted and paid their
Anes, which were much smaller than
the ordinary license fee for liquor SELL
ing In other states. The number of ar
rests and convictions and the amount
Of the fines depended entirely upon the
disposition of the prosecuting officers
and the courts, and their policy was
usually governed by public sentiment
Thus prohibition became a form Of
local option If the majority Of the
people Of q city wanted the law en-
forced they elected officials who would
enforce it, and vice versa The enforce
ment Of the liquor law was an issue in
all local campaigns, and candidates for
office were selected because they were
for or against 1t.
'sBut even where the law was en-
forced the penalty was not adequate,
and about 1885 the temperance people
in the state secured an amendment to
mum fine and compelled the courts to
send an offender to Jail for at least
thirty days in addition to the fine:
while $500 and ninety days in Jail
were the maximum. This amendment
was effective. Liquor sellers who were
not afraid of fines would hesitate a
long time before they would render
themselves liable to a month in Jail.
Only a few would take the risk.
1.-The law was tested in every way.
Test suits were brought on all kinds
of pretexts, but it was finally sustained
by the supreme court, and the efforts
Of the antiprohibitionists, or the re-
subnnissionists. as we call those who
resubmitted to a vote Of the people,
only strengthened the hold that pro-
hibition sentiment had upon the peo-
pie. Numerous legislatures were
elected on that issue, but the only Leg
islation that has been or could be
passed was amendments to make pro-
hibition stronger and easier to enforce.
And it's enforcement has become more
and more general and the prosecutions
have grown more and more effective
through out the entire state.
~''In some places county attorneys
have been compelled to secure injunc-
tons from the courts prohibiting
property owners from renting their
houses and stores to liquor sellers.
During some of the lax periods the
attorney general of the state has
brought custer proceedings against
county attorneys, mayors and other
officials who would not enforce pro-
hibition. Now we have law furnish
ing means by which any official who
refuses to prosecute liquor selling may
be removed from Office.
''In this way the enforcement of the
law has been growing more and more
within the authority of the attorney
general of the state, indirectly by Civ
ing him jurisdiction over local officials
who are naturally governed by public
sentiment, and he, having been elected
by the entire voting population of the
state. represents the sentiment at
large rather than that of any particu-
lar locality. 1 think it may be said
that the law has always been en-
forced In the country districts and in
the small towns There are grown
men in the state of Kansas who have
never seen a saloon, although I am
sure there is none who has not seen
a locomotive. The enforcement has
been spasm odic in the cities.
Before was elected county at
torney at Topeka I had been for sew
eral years acting as attorney for the
whisky men. 1 was nominated on an
anti-prohibition ticket and stood on