USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 22
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
It was not until within a few years that the true method was devised for its eradication and then those imaginary rights long established and entrenched behind the bulwark of law, and even of State constitutions were found in the way of an cffeetual remedy. Not so in Kansas here every thing is new, and those privileges acquired by law and long estab- lished customs do not exist. No one can point to the precedent of several general generations to sustain him in doing that which he frankly admits to be a wrong upon Society. Here in Kansas we are laying the founda-
792
KANSAS AND KANSANS
tion of a new society and you as the first law making power recognized by the people should examine with the greatest eireumspeetion the evils existing in older States and by wise and judicious enactments proteet the moral and social interests of the community. You will not [ attempt] to pass by or neglect the enacting of stringent laws for the sale of lottery tickets the selling of unwholsome food, the adulterating of flour &c.
Ilow then can you fail to give attention to a subject which improver- ishes a whole nation brings wretchedness and misery in its train, fills the land with mourning and sends the widow's wail and orphans sob to heaven for relief.
Into the plastie material which you have the power to mould into form. and elothe with lineaments and breath and in view of the great suffering entailed on us the females of the State who are unable by persuasion and kindness to influence those we love in the channel which leads to temperanee prosperity and happiness and in view of their oft repeated deelarations that if the destroyer could be removed from their sight and reach they would abstain from its use we therefore urgently but respectfully pray you to take our memorial into consideration and enact such laws in consonance with its spirit which your wisdom may suggest.
(Signed) MRS. L. M. MOORE and 55 others, The ladies of Topeka.
A second memorial was presented by Mr. Brown on March 12th, from ninety women of Lawrence, "praying the passage of stringent prohibitory laws, in relation to the sale and use of intoxicating liquors." This memorial was likewise referred to the committee on Vice and Immor- ality. No further action was taken on these petitions, for on March 15th the Legislature took a recess until July 4th, when it convened only to be dispersed immediately after roll call, by Col. Sumner and his command on the order of the Government of the United States.
Women, however, were not the only early temperance workers, nor was all the strength of the movement found in petitions. There were men who were willing to go some lengths to keep the liquor traffic in bounds. In the spring of 1856 a Missourian opened a saloon in Big Springs. The few inhabitants protested in vain. He continued his business apparently secure in the protection of his friends. Finally, failing to dislodge him by more peaceful means, forty men went to his establishment, took out three barrels of whiskey and burned them. The agitation on the question of temperance had had its effect on this little community of Douglas county. From this time on the destruc- tion of liquor by an exasperated community was not of infrequent occurrence. In this instance the man's nativity doubtless militated strongly against him.
"Topeka, a little later, was likewise the scene of a whisky riot." In spite of a provision made by the Topeka Association against the sale of intoxicating liquors, saloons had opened in the town, but had been quickly put out of business. In the spring of 1857 a liquor estab- lishment of some pretensions was opened on Kansas Avenue. Because of the capital invested in stock and equipment a good deal of uneasi- ness was felt, and there was some hesitation manifested as to the wis-
793
KANSAS. AND KANSANS
dom of attempting to deal with it as its forerunners had been dealt with. However an altercation brought matters to a climax. One of the patrons in a half drunken rage began the smashing. No sooner had the sound of the fray traveled through the open windows and doors than assistance rallied to him. Bottles and glasses went through the win- dows, while kegs and barrels were rolled into the street, the heads knocked in and the contents emptied into the gutters.
When everything had been destroyed the raiders went on to another place where beer was knowu to be stored and poured that into the street. Uncontrollably excited they pursued their quest through the town, visiting every place where the slightest suspicion could rest. Blood was spilled as well as liquor, and lawsuits grew out of this whole- sale destruction. It was said that over $1,500 worth of property was smashed and poured out.
THE ACT OF 1859
Upon the revision of the laws in 1859 the dram shop law was much changed and became more difficult of enforcement as will be noted by a careful reading of its provisions.
AN ACT to restrain Dram Shops and Taverns, and to regulate the sale of Intoxicating Liquors
Be it enaeted by the Governor and Legislative Assembly of the Territory of Kansas :
Section 1. That, before a dram shop lieense, tavern lieense or grocery license shall be granted to any person applying for the same, such person, if applying for a township license, shall present to the tribunal transacting county business, a petition of recommendation, signed by a majority of the householders of the township or the county in which such dram shop, tavern or grocery is to be kept, or, if the same is to be kept in an incorporated eity or town, then to the eity eouneil thereof, a petition, signed by a majority of the householders of the ward in which said dram shop, or tavern. or grocery is to be kept, recommend- ing such person a fit person to keep the same, and requesting that a lieense be granted to him for such purpose.
See. 2. That upon every license granted to a dram shop keeper, and upon every license granted to a tavern keeper or grocery, there shall be levied a tax of not less than fifty dollars nor more than five hundred dollars, for every period of twelve months, the amount of tax to be determined by the tribunal granting the lieense. The said tax to be paid into the treasury of the county or city granting sueh license. And it shall be the duty of the board of county supervisors to appropriate all moneys received for license under this act for the benefit of the township in which such lieense was granted.
Sec. 3. That any person, without taking out and having a license as grocer, dram shop keeper, or tavern keeper, who shall, directly or indi- reetly, sell any spiritous. vinous or fermented, or other intoxicating liquors, shall be fined in any sum not more than one hundred dollars for each offence, and any person convicted of violating these provisions shall, for every second or subsequent offence, he fined a sum not more than the above named. or may be indieted for a misdemeanor, and fined not less than five hundred dollars, and imprisoned in the county jail not more than six months.
794
KANSAS AND KANSANS
Sec. 4. That any person who shall keep open any porter, ale, or beer house, grocery, dram shop or tippling house, or shall sell or retail any fermented, distilled or intoxicating liquors on the first day of the week, commonly called Sunday, the fourth of July, or upon an election day, shall, on conviction thereof be adjudged guilty of a misdemeanor, and fined a sum not less than twenty-five dollars nor more than one hundred dollars, and be imprisoned in the county jail not less than ten nor more than thirty days. If such person is licensed as a grocer, dram shop keeper, or tavern keeper, he shall, in addition to the above provisions, forfeit his license, and shall not again be allowed to obtain a license under the law for the period of two years next after conviction.
Sec. 5. That, before any person shall be licensed as a dram shop keeper, or grocer, or tavern keeper, under the provisions of this act, he shall execute, to the tribunal granting such license, a bond, in the sum of two thousand dollars, with at least two securities to be approved by said tribunal, conditioned that he will not keep a disorderly house; that he will not sell or permit to be sold any intoxicating liquors to any minor without the consent of the guardian of such minor; that he will not keep his dram shop, tavern or grocery open on Sundays, fourth of July, or any election day, nor will he sell or allow to be sold thereat, on Sunday, fourth of July, or any election day, directly or indirectly, any intoxicating liquors : and, upon said person being convicted of any of the offences enumerated therein, suit may be brought against said principal and securities, to recover the amount of the fine or fines adjudged against him on said conviction, in any court of competent jurisdiction.
Sec. 6. That it shall be unlawful for any person or persons, by agent or otherwise, to sell intoxicating liquors to persons intoxicated or who are in the habit of getting intoxicated, or any married man, against the known wishes of his wife.
Sec. 7. That all places where intoxicating liquors are sold, in viola- tion of this act, shall be taken, held and declared to be common nuisances, and all rooms, taverns, eating houses, bazaars, restaurants, groceries, coffee houses, cellars or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be shut up and abated as public nuisances.
Sec. 8. That it shall be unlawful for any person to get intoxicated, and every person found in a state of intoxication shall, upon conviction thereof before any justice of the peace, be fined the sum of five dollars.
Sec. 9. That every person who shall, by the sale of intoxicating liquors, cause the intoxication of any other person, such person or persons shall be liable for and compelled to pay a reasonable compensa- tion to any person who may take charge of and provide for such intoxi- cated person, and one dollar per day in addition thereto for every day such intoxicated person shall be kept in consequence of such intoxica- tion, which sum may be recovered by a civil action before any court having jurisdiction.
Sec. 10. That every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support. by any intoxicated person er in consequence of intoxication, habitual or otherwise, of any person, such wife. child, parent, guardian, employer or other person shall have a right of action in his or her own hand against any person who shall by selling intoxicating liquors, have caused the intoxication of such person for all damages actually sustained, as well as exemplary damages; and a married woman shall have right to bring suits, proscente and control the same and the amount recovered. the same as if a feme sole, and all damages recovered by a minor under this act shall be paid either to such minor or to his or her parents,
795
KANSAS AND KANSANS
guardian or next friend, as the court shall direct, and all suits for damages, under this act, shall be by civil action in any of the courts of this Territory having jurisdiction thereof.
Sec. 11. That the giving away of intoxicating liquors or other shifts or devices, to evade the provisions of this act, shall be deemed and held to be an unlawful selling within the provisions of this act.
Sec. 12. That for all fines and costs assessed against any persou or persons for any violation of this act, the real estate and personal property of such person or persons of every kind, without exemption, shall be liable for the payment thereof, and such fines and costs shall be a lien upon such real estate until paid; and, in case any persons shall rent or lease any building or premises, and knowingly suffer the same to be used and occupied for the sale of intoxicating liquors, contrary to this act, such building and premises so leased and occupied shall be held liable for and may be sold to pay all fines and costs assessed against the person occupying such building or premises for any violation of this act.
See. 13. In all prosecutions under this act, by indictment or other- wise, it shall not be necessary to state the kind of liquors sold, but shall be necessary to deseribe the place where sold, and for any violation of the fourth or fifth sections, it shall not be necessary to state the names of any person to whom sold, and, in all cases, the person or persons to whom intoxicating liquors shall be sold, in violation of this act, shall be competent witnesses, to prove such fact or any other tending thereto.
Sec. 14. Justices of the peace shall have jurisdiction and take cog- nizance of offences under this act, and shall have authority to impose fines not to exceed one hundred dollars, or to bind over for appearance at the proper court, under the act concerning criminal procedure.
Sec. 15. All corporated cities, containing one thousand inhabitants or more, shall be entirely exempt from the operations of this act, and such cities shall have full power to regulate licenses for all purposes and dispose of the proceeds thereof.
Sec. 16. This act shall take effect and he in force from and after its passage.
Approved February 11, 1859.
The exemption of all incorporated towns of 1,000 or more inhabi- tants did not meet with unqualified approval, and other provisions of the law failed to entirely satisfy the temperance people. There was a strong sentiment among them for a law so stringent that prohibition of the liquor traffic would result.
THE WYANDOTTE CONSTITUTIONAL CONVENTION
In the meantime the constitutional convention was soon to meet at Wyandotte and some expression of the already strong temperance sentiment in the territory was looked for there. Without disappoint- ment it came on July 11, 1859, when Mr. John Ritchey, a delegate from Shawnee county, introduced the following resolution :
Resolved, That the constitution of the State of Kansas shall confer power on the legislature. to prohibit the introduction, manufacture, or sale of spiritous liquors within the State.
On motion of Mr. Blunt this resolution was referred to the Com- mittee on Legislative Department. On July 23 the matter came up
796
KANSAS AND KANSANS
for discussion when Mr. H. D. Preston, of Burlingame, offered the fol- lowing seetion :
See. -. The legislature shall have power to regulate or prohibit the sale of alcoholie liquors, except for mechanical and medieinal purposes.
A motion was made to table the seetion, but it failed to carry, and a warm discussion followed. Solon O. Thaeher, of Lawrence, was opposed to the section. He held that it would be a grievous mistake to load special legislation on the constitution, believing that it would tend to defeat it before the people. And that if eventually a pro- hibitory law was demanded by the people the legislature could, and should, pass sueli an aet but that enemies of the constitution would be only too glad to seize upon a provision of that kind. He elosed his argument with an appeal :
Don't let us jeopardize the interests of our party by bringing in ques- tions of this kind. In New York it was sought to be inserted there, but it was opposed by the strongest temperance men in the State, upon the ground that it was not in the issues at all. The great issue with us being freedom or slavery, let us settle this question. I beg of you not to incor- porate a handle for our enemies to employ against us. Leave it to the Legislature, and let us pass only upon our legitimate business.
One of those strongly in favor of the sections was William Hutchin- son, the newspaper correspondent, and a delegate to the convention from Shawnee county. Among other things he said :
I believe there is some necessity for the passage of this seetion. If it were true that we are to struggle forever for the freedom of Kansas; if it were true that the one question of slavery was to be kept forever alive in Kansas, then I would like to see nothing but what would bring "nigger" before our eyes; but I believe there are questions of the utmost importance which will come before us, as well as that question. If we are looking to the future moral as well as politieal well being of Kansas, let us throw a guard around it, while the power is in our hands. It ean do no harm. I doubt whether there is a man in the whole state who will vote against the constitution in consequence of a provision of that kind.
Another delegate opposed to the section was J. G. Blunt, of Leaven- worth. He objected to voting down the constitution by loading it with extrancous issues, and maintained that the history of the temperance cause in the United States had proved that little good ever resulted from attempting to legislate upon it in this way. "The legislature has jurisdiction over this matter, and has authority to pass stringent laws upon the subject." Mr. J. M. Winchell, the president of the convention, was likewise opposed to it, believing the section to be unnecessary.
Mr. Preston objected to Mr. Thacher's arguments and in defense of the section said :
I want to know if we have not several artieles in substanee like this, already in the constitution, saying the legislature shall have power to do
797
KANSAS AND KANSANS
this thing and that thing? If the legislature has power to aet without special constitutional enaetment, why not say that they shall have power to do what they please? If the legislature should ever want to enaet a liquor law, I suggest that there should not be anything in their way.
Mr. Stinson of Leavenworth made the statement "that in Maine, where there is no constitutional provision, a law has been declared constitutional more stringent than any you will get here."
After some further argument Mr. Preston withdrew the seetion, and the discussion of the subject of temperance legislation was dropped in the Wyandotte Constitutional Convention.
GROWTH OF TEMPERANCE SENTIMENT
During the years following, temperance sentiment continued to grow, and agitation went on. There were "liquor spillings" here and there, and various other forms of dissatisfaction were manifested. In 1860 an aet was passed by the Territorial Legislature prohibiting the sale, exchange, gift or barter of spiritous liquors or wine to any Indian within the Territory, unless directed by a physician for medical pur- poses. A heavy penalty was attached to any violation of this law. By this time the Indians had become so adept at evasions and excuses to obtain whiskey, that there was great need of this enaetment, and it was but a matter of protection for them.
On October 9, 1861, occurred the first annual meeting of the Kan- sas State Temperanee Society, and the following resolutions were unani- mously passed :
Resolved, That we look to the churches of our State for earnest co-operation in the work of Temperance, and we suggest that self-defense will demand total abstinence from intoxicating drinks as a beverage as one test of membership.
Resolved. That we invite and expect all Ministers of the Gospel to actively support our cause, and hope that in every part of the State, they will take immediate steps to organize auxiliary societies.
Resolved. That every friend of Temperance should labor for the enactment of a law, prohibiting the sale of all alcoholic drinks as a beverage in our State.
Resolved. That the sale of intoxicating liquors as a beverage should be put upon a par with other crimes, and be punished as severely at least as theft.
Resolved. That the practice of using domestic wines in families is deleterions to the interests of the Temperance cause.
Resolved. That as temperance men we discountenance the use and sale of intoxieating liquors as a beverage by refusing our patronage to those who engage in their manufacture and sale, especially by refusing to dispose of our products for their manufacture.
The personnel of this convention is interesting, names appearing that had been known to the territory from the beginning. These men were those who had helped in the Free-State movement, who had been members of the Territorial assemblies, and who had been prominent in various other ways. Dr. Amory Hunting was senior vice-president,
798
KANSAS AND KANSANS
HI. M. Greene was secretary pro tem. Among the new officers elected that year were J. P. Root, H. A. Seaver, Abraham Ellis, who afterwards was known as "Bullet-hole Ellis" on account of a bullet-hole in his fore- head which he received at the hands of Quantrill on March 7, 1862. Benoni Wheat, W. W. Updegraff, J. C. Douglas, F. W. Giles, J. C. Bur- nett, a member of the Wyandotte Constitutional Convention, and Dr. Peter MeVicar, all representative citizens and coming from then widely scattered communities.
It was during the Civil War that a precedent for Carrie Nation and her hatchet was established by the women of Mound City. It had been an unwritten law that no saloons should exist in the town. But an enterprising individual, seeing what he thought a good opening on account of a command of soldiers stationed nearby, came into the village and started a bar-room. It of course became an intolerable nuisance to the citizens. Drunken soldiers were a common sight. Practically all of the able-bodied men were in the army, so the women undertook to cope with the situation. One morning a wagon load of women from the direction of Moneka, a village a mile and a half northwest of Mound City, drove into town. They were supplied with hatchets and axes, and were soon joined by a squad of their Mound City sisters. The company marched straight to the open door of the saloon and filed in. Some one made a move to intervene, but was promptly stopped by a revolver in the hands of a bystander, who told him he would shoot if he attempted to interfere with the women. The women drove out the bar-keepers and the loungers, and then deliberately broke every bottle, glass and decanter in sight, and knocked in the heads of every barrel and keg. Having completed their work they filed out and went to their homes, and a saloon was no more in Mound City, for the result was a prohibition that pro- hibited for many years without assistance of law or courts.
By 1866, so strongly were people becoming imbued with temperance principles that a measurable prohibition of the liquor traffic was being enforced in many of the counties of the state and in several of the cities of the third class. This year saw the enactment of a special law for the benefit of the public schools of the town of Humboldt in Allen County. The money derived from the granting of a dram-shop license was to be turned to the use of the schools in that village. A vicarious good to grow from ill-gotten gains. This plan was also followed in some other localities.
The winter of 1866-1867 found distinguished speakers from abroad working in the temperance cause in Kansas. One of them, Dr. Charles Jewett, of Connecticut, lectured in Topeka during the session of the Legislature. All this was inelined to stimulate legislative activity along the line of temperance, and that winter, 1867. the dram-shop act of 1859 was amended. The change in section one of the law was a distinct advance, providing as it did, that the petition or recommendation pre- sented to the county tribunal for a township license must be signed by a majority of both male and female residents of the township, of twenty-one years of age and over. If the petition was for a town or
799
KANSAS AND KANSANS
eity it must contain the signatures of a majority of the residents of the ward of twenty-one years of age or over, both male and female, before its presentation to the city conneil. Section two was amended in the amount of tax levied, "not less than $50 nor more than $500 for every period of twelve months." Seetion fifteen was repealed. This section exempted all corporate eities of 1,000 or more inhabitants from the operations of the act and gave them the power to regulate licenses and dispose of the proceeds derived therefrom.
There was likewise passed at this session of the Legislature an aet prohibiting the sale of intoxieating liquors in the unorganized counties of the state. The penalty for violation of this law was a fine of not less than $100 nor more than $1,000, or confinement in jail for a term of not less than four nor more than twelve months.
THE LAW OF 1868
By legislative aet approved Feb. 18, 1867, the appointment of a commission was authorized to revise and codify the laws. Their report was adopted by the Legislature of 1868. And on March 3, 1868, "An Act to restrain dramshops and taverns and to regulate the sale of intoxi- eating liquors" was approved. The basis for this law was the law of 1859 amended in 1867, and as will be seen, it differed very little from the law of 1859.
AN ACT to restrain dramshops and taverns, and to regulate the sale of intoxicating liquors
Be it enacted by the Legislature of the State of Kansas:
Seetion 1. Before a dramshop lieense, tavern license or grocery lieense shall be granted to any person applying for the same, such person, if applying for a township lieense, shall present to the tribunal transaet- ing county business a petition or recommendation, signed by a majority of the residents of the township, of twenty-one years of age and over, both male and female, in which such dramshop, tavern, or grocery is to be kept; or if the same is to be kept in any incorporated eity or town, then to the city council thereof, a petition signed by a majority of the residents of the ward, of twenty-one years of age and over, both male and female, in which said dramshop, tavern, or grocery is [to be] kept, recommending such person as a fit person to keep the same, and request- ing that a lieense be granted to him for such purpose: Provided, That the corporate authorities of eities of the first and second elass may, by ordinanee, dispense with the petition mentioned in this section.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.