The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-11-13
PROHIBITION

many instances has been weak, lax and
absolutely intellectual, has only con-
vinced me that prohibition can be
made effective. To take any other
view of the subject is to say that hum
an government, especially government
by the people, is failure, The major
ity of the people of the State on two
seperate occasions have voiced their
approval of statewide prohibition, and
have said this must be the law In Ok
lahoma. To permit this law to remain
upon the statute books as the express
ed will of majority of the people and
not enforce the law and give to the
people the benefits they expect and
are entitteled to, is to say that the will
of the minority and not the will of the
majority must prevail in Oklahoma.
And here again we are brought face
to face with the same conditions that
prevail with reference to the prise
fighting and gambling evils.
In many other localities public SEN
timent favors the open bootlegging
joint Recent statements made by of
ficials admitting their impotency to
deal with this subject show the need
of futher legislation upon this subject.
make this statement without qualifi-
cation and after two years of exper-
ienee, there is not a county or city
in this State where open bootlegging
Joints can be maintained ii local coun-
ty and city officials, whose duty it is
to enforce the law, viii do their duty.
| understand that the bootlegger who
sells whiskey from his pocket who Is
here today and four blocks away to-
morrow, who has no fixed place of bus
mess, can't be entirely eliminated from
Oklahoma; but to say that the boot
logger who has fixed place Of busin-
ess, who makes his sales day after day
week after week month after month
and IN some cases year after year.
just as the grocerman, Druggist and
the dry goods man does,can continue
this in open violation of the law and
not be put out of business, is to say
that law Is a farce and government a
failure Such is not true, and where
these conditions prevail there is but
one fair explanation of 1.-THE local
officers whose duty 1t is to enforce
the law are not enforcing it and are
not trying to enforce it. 1t is useless
for public officials to undertake to
dodge responsibility, and to say that
there are so many otberlaws to be en-
forced that they have not the time to
ehSorce this law No one expects any
public official to spend all his time en-
forcing any one law but there are
enough officials on the payroll in Okla.
homa to enforce ALI the crimanal laws
in the State, or at least to arrest the
violaters of the laws.
Another trouble that has been found
in the enforcement Of the prohibition
law In Oklahoma is the position the
courts have taken ! am not critisig
ing the courts, but am simply calling
attention to facts The courts of this
State hold that eircumstantial evidence
is sufficient in cases of murder to justi-
fy the inflietion of the death penalty
No one may see the ASSN shoot down
his victim he may believe that his
crime IS absolutely unknown to anyone
save himself, and yet by chain of
circumstances that point to his guilt
you may establish his crime In the
courts Of the State Not SO with the
bootlegger You may raid his place
and find there whiskey, beer and every
other variety OF intoxioant; you may
see him equipped with his bar, its fix
lures, its glasses and everything that
IS necessary Tor the operation Of his
saloon. you may see men enter his
place of business with his breath pure
ard come out with 1t tainted with the
odor of aleohal You may see everyth
ing that is necessary to prove that the
law is being violated, but unless you
can procure some man who will swear
that he actually bought the whiske,
or beer from him. or saw thepurchasC
made, You can't convict the bootleggel
OF selling intoxicaats and have that
conviction stand in the courts of Okla
homa.
believe that the Legislature should
pass a law that would leave it to thu
jury, when all the circumstances ar
properly brought before it. to decid
whether or not the defendant is guilt
and not leave 1t for the courts through
mere technicalities to overthrow tn
verdict of twelve honest men. VIII