The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-01
TWO BIG JOkERS

and has not been rated a violator
of law. i is the same trouble which
we met in the early days when we
couldn't convict a man, no matter
how much evidence we presented in
court. These things are a matter of
education and in my judgment it will
be several years before the law can
be successfully enforced
Stahrs statement was made on the
floor of the house of representatives
last week during the ceremonies sur
rounding the signing of the bone dry
bill Now discovery has been made
which threatens to lead to any amount
of law violation. One Kansas whole
sale drug firm this week shipped
large amour Of pure alcohol into the
state. They demanded the shipment
and when representative of the rail-
be filed with the county clerk, the
firm declined. An inspection of the
new statutes upheld the wholesaler
Problem of Cities.
Section 1913 of the general statutes
of 1915 does provide that the cities
may pass ordinances for the general
welfare not inconsistent with the laws
of the state but the city is empowered
to assess fines only to the limit of
500 and is not permitted to imprison
violators of such ordinances.
So the bugaboo of the Jail sentence
and $500 fine which was expected to
scare the thirsty into the dry path of
rectftude is at present beyond the
power of the city to use. The ordi-
nances passed by Kansas City and 9TH
er towns in support of bone-dryness
are meaningless and from the city at
least the violator has at present a
brief shrift of nothing to fear
Hayden sat down this morning to
frame an ordinance to enable Topeka
to get into the bone dry game. A
minutes study showed him that the
astute lawmakers, in their zeal for
oore-dryness, had completely omitted
any provision authorizing the cities,
, where the bootleggers and violations
stalk the freest, to get into the game
He immediately got in touch with At
torney General Brewster, who confirm
ed, after a brief glance at the bill
Hayden's suspicious.
Plug Up Hole
Brewster announces that he will get
to work Immediately to frame a bill
enabling the cities to enforce the
provisions of the law According to
the ruling of procedure adopted by
the legislature no bills except com
mittee bills can be introduced at this
| late hour. Quick action is necessary
to repair the seam in the law. If the
discovery had been made next week
| instead of this, somebody would have
had the laugh on the legislators
i The city of course, without an ordi-
| nance, can arrest violators and turn
| them over to the county for prosecu-
| ton, sacrificing the rich financial har-
vest from the juicy fines provided for
| in the law. There is no reason to ex-
| pect, however, that the minions of the
| city would show undue activity along
| a line that would tend only to the
enriching of the county treasury.
| Unless an amending measure is
passed by the legislature it is even
| doubtful whether cities would have
| the right of search, according to Hay
| den.
| section 1913 of the general statutes
| of 1915 provides that ordinances ''for
| the general welfare" and not fncon-
sistent with the laws of the state may
! be passed with penalties not to eX-
coed a fine of 500. 1t provides that
| there can be no jail sentence except in
| the default of payment of the fine.
/ But unit! definite amending enact
/ ment to the bone dry law is passed
by the legislature proprietors of cell
Iarets or possessers of liquor for me6i-
! cinal or other purposs may rest secure
| from the possibility of prosecution by
the city resulting in $500 fines and inn
! prisonment.
The Stone in the Path.
/ Following is the stone in the path
of the bone dry law, CAPPED from sec
| ton 1913:
/ For any purpose or purposes men,
/. toned in this article, the council or
/ city commission shall have power to
/ enact and make all necessary ordi-
nances. rules and regulations and res
/ olutions not Inconsistent with the laws
| of the state may be expedient in ad-
section granted for the maintenance of