The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-07
Drastic Measure Goes Thru Up
per House Today.
Chance That Lower House Will
Cut Word "Use."
IT WASN'T MEANT THAT WAY
But Parliamentary Law Pre-
vented Further Action.
Friends of the Bill Fear 1t Is
Unconstitutional.

AS the cigaret bill passed the SEN
ate at noon today, by a vote of 81 to
1, it absolutely prohibits the sale,
barter or use of cigarets by anyone
within the state of Kansas And that
was not the intention of the trainers
of the measure After they had plac-
ed the word use" in the bill today
they became suspicious of it and
sought frantically to remove it but
were blocked by parliamentary law.
Friends of the bill fear it is uncon-
stitutional and they will trail across
the state house behind it this after
noon and ask their co-workers in the
house to use a chisel on that word
use"
The obnoxious word was inserted
by Senator McClain of Allen county
and was made possible by the intense
desire of several senators to go as far
or farther than the constitution will
permit. The extremists, Joined with
the opponents of the bill, formed
coalition on the spur of the moment
and voted the amendment in.
Senator Bergen of Marshall, cham
pion of all measures urged by the
club women, was tipped off by the
lobby that the senate had gone and
done it," and having voted for the
wicked amendment moved a recon-
sideration. The reconsideration was
granted but the full iniquity of the
word use" had not percolated TO all
portions of the senate chamber and
Bergen's effort failed
Time after time later when Sen
ator Price of Clark discovered the
situation. efforts were made to evade
the parliamentary rules and strike out
the word use but without success.
Cannot Smoke Them.
As passed by the houseand sent
over to the senate the bill prohibited
i ri OF eprur
tobacco, or cigarets in any form to
minors. Italso prohibited the use of
c1garets by minors in any public place
and placed the burden upon the keep
er OF the place. 1t required him to
prohibit the use of tobacco in his
place of business.
Senator Getty of Wyandotte man
aged to put thru an amendment
striking the word tobacco from the
bill. That left it in such shape that
tobacco might be sold to minors and
used by minors in public places. But
it left the ban on cigarets
As this bill stands" said Senator
! Getty in defence of his amendment,
! lit is a bone dry tobacco law and 1
don't believe the people of Kansas are
asking that I am opposed to the use
! of the cigaret, but 1 don't believe the
trainers of the bill are asking that
the use of tobacco be prohibited from
all minors. I know minors who are
married and have families. 1t would
I be ridiculous to say to them that they
cannot use tobacco if they wish"
/ oh, Dear! Oh, Dear.
Senator Satterthwaite of Butler,
I branded the whole tobacco habit as a
/ horrible thing. He draw no lines. He
declared every tobacco user in the
! senate was slave and would be glad
| to be free of the habit.
Senator Hickey of Usage the poet
and entertainer, delivered a declama-
ton on personal liberty" He was
for the bill, stronger than he has been
for any other measure this session.
The matter of infringing upon per-
sonal liberty mentioned by Senator
Getty was responsible for the declam-
alton He branded personal liberty
as tyrant, as treatson. Personal
liberty" he declared, -'crucified Christ
on Mount Cavalry
Women Were Prepared
over in the southwest corner of the
chamber numerous women had col
lected and when Hickey closed he
looked their way and they responded
with a proper amount of applause
Senator Plumb of Lyon had moved
early in the discussion to strike out
the enacting clause and that is the
motion that gave rise to the wide