USA > Kansas > Kansas; a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. with a supplementary volume devoted to selected personal history and reminiscence, Volume II > Part 60
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This act has been amended in some particulars. All candidates must be nominated by a primary held in accordance with law, but the act does not apply to special elections to fill vacancies, to school meetings, nor to city elections where the population is less than 5,000. The primary is held on the first Tuesday of August, in the even numbered years, for the nomination of all candidates to be voted for at the next ensuing No- vember election, and annually on the first Tuesday of March in all cities having 10,000 or more population, for all candidates to be voted for at the next ensuing city election. At least 120 days before the time of holding the primary, the secretary of state prepares and transmits to each county clerk a notice designating the offices for which candidates are to be nominated at such primary, and upon receipt of such notice each county clerk forthwith publishes once each week for three consecu- tive weeks, in the official county paper, so much thereof as may be applicable to his county. The sheriff of each county, immediately after the publication of the notice, causes copies of it to be posted in three places in each precinct in his county, stating the time when and the place where the primary will be held in each precinct, together with the offices for which candidates are to be nominated. Each city clerk, at least 45 days before the time of holding the municipal primary, publishes in the official city paper, once each week for three consecutive weeks, a notice designating the city offices for which candidates are to be nomi- nated at such primary, and he must also post such notices in three public places in each election precinct in the city, not more than 20 and not less than 10 days before the primary.
The name of no candidate can be printed upon an official ballot used at any primary unless at least 40 days prior to such primary a nomination paper shall have been filed in his behalf. Each signer of a nomination paper shall sign but one such paper for the same office, must declare that he intends to support the candidate therein named, and must add to his signature his place of residence or postoffice address. The affi- davit of a qualified elector must be appended to each nomination paper,
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stating that to the best of his knowledge and belief all the signers thereon are electors of that precinct; that he knows that they signed the same with full knowledge of the contents thereof; that their respec- tive residences are correctly stated ; that each signer signed the same on the date stated opposite his name, and that the affiant intends to sup- port the candidate therein named. Such nomination papers must be signed: I-If for a state office or for the office of United States senator, by at least I per cent. of the voters of the party of such candidate in each of at least Io counties in the state, and in the aggregate not less than I nor more than 10 per cent. of the total vote of his party in the state, or by at least I per cent. of the total vote of his party in each of 20 coun- ties. 2-If for a district office, by at least 2 per cent. of the voters of the party designated in at least one-tenth of the election precincts in each of one-half or more of the counties of the district, and in the aggregate not less than 2 nor more than 10 per cent. of the total vote of the party designated in such district. 3-If for a sub-district or county office, by at least 3 per cent. of the party vote in one-fourth or more of the elec- tion precincts of such sub-district or county, and in the aggregate not less than 3 nor more than Io per cent. of the total vote of the party desig- nated in such sub-district or county. The basis of percentage in each case is the vote of the party for secretary of state at the last preceding state election. But any political organization which at the last preced- ing general election was represented on the official ballot may, upon complying with the required provisions, have a separate primary elec- tion ticket as a political party if any of its candidates received I per cent. of the total vote cast at the last preceding general election in the state or sub-division thereof in which the candidate seeks nomination.
Whenever a petition signed by qualified electors in 10 or more coun- ties, equal in number to at least 2 per cent. of the votes cast for secretary of state at the last preceding election, and not more than 10 per cent. of such total vote cast at said election, where certified to as genuine by the affidavit of ten well known, reputable, qualified electors of the state, asking that the signors thereof be recognized as a new political party, to be represented by a separate party ticket at the next ensuing primary, naming candidates for at least a majority of the state offices to be filled at the next ensuing election, and specifying the name, symbol or emblem of such new party, the secretary of state shall certify the name, symbol or emblem, and the list of candidates so specified to the various county clerks of the state, and a separate party ticket shall be prepared in the same manner as is provided for existing parties.
The nomination papers for each county or sub-district office must be signed by not less than 3 nor more than 10 per cent. of the total vote of each county where a county ticket is placed in the field. Those signing the papers must be distributed throughout at least one-fourth of the election precincts of such sub-district or county, and not more than one-fourth of such signers may be residents of any one ward or town- ship. It is further provided that the petition to the secretary of state
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must be filed not less than 120 nor more than 130 days preceding the primary. Regulations are also provided for the nomination papers of candidates for municipal offices.
All nomination papers must be filed as follows: I-For state offices, United States senator, representatives in Congress, state senators, state representatives, and all district officers, in the office of the secretary of state, but when the district is composed of one county or less, they shall be filed with the county clerk of such county. 2-For county and sub- district officers, county and precinct committeemen, in the office of the county clerk. 3-For city officers and city precinct committeemen, in the office of the city clerk.
A separate official primary ticket for each political party, having the names of all candidates for whom nomination papers have been filed, is printed and distributed for use at each voting precinct. When there is more than one candidate for any office, provision is made for divid- ing the ballots in the preparation thereof, so that each candidate's name will appear at the head of the list in different portions of the state, divided so as to distribute equally, as nearly as possible, the advantage of that position on the ballot. The statutes governing general elections, so far as they are not inconsistent, apply to primary elections. The per- son receiving the greatest number of votes at a primary as a candidate of a party for any office becomes the candidate of that party for such office, and his name is placed upon the official ballot at the ensuing elec- tion for which such primary is held.
A law of far-reaching effect was passed by the legislature of 1911. It prohibits the publication of unsigned political articles in newspapers, and no one is permitted to insert articles which tend to injury any can- didate for public office. It had been charged that under the state-wide primary election law only rich men, or those able to pay for newspaper space, could make a campaign for a state office. The following is one of the stringent sections of the bill: "No person shall publish or cause to be published in a newspaper or periodical any paid matter which is designed or tends to aid, injure or defeat any candidate for the nomina- tion for public office or candidate for election to public office, unless the name of the chairman or secretary, or names of the two officers of the political or other organizations inserting the same, or the name of some voter who is responsible therefor, with his residence and street and the number thereof, if any, appear in the nature of a signature. Such mat- ter when inserted shall be preceded or followed by the word 'advertise- ment' in a separate line, in type not smaller than that of the body of the newspaper."
There is a further provision which declares it to be unlawful for any person to pay the owner, editor, publisher or agent of a newspaper to induce him editorially to advocate or oppose any candidate for office or political principle. A heavy fine is imposed upon the newspaper owner or editor who accepts money from such advocacy of men or measures. Corporations, too, are barred from the columns of the public press by
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the following provision : "No corporation carrying on the business of a bank, trust, surety, indemnity, safe deposit, insurance, railroad, street railway, telegraph, telephone, gas, electric light, heat, power or water company, or any company having the right to take or condemn land or to exercise franchises in public ways granted by the state or any county or city, and no trustees owning or holding the majority of stock of such corporation shall pay or contribute, in order to aid, promote or prevent the nomination or election of any person to public office, or in order to aid, promote or antagonize the interests of any political party, or to influence or affect the vote on any question submitted to the voters."
A heavy penalty is fixed upon corporations which violate this section. The maximum fine is $10,000, while the individual connected with the corporation may be fined $1,000 and sent to jail. The legislature of 19II also adopted the "Oregon plan" of electing United States senators. The bill provides that the candidates, after nomination in the primary, shall be voted for at the general election, the result to be advisory to the legislature.
Princeton, one of the larger towns of Franklin county, is located in the southern portion on Middle creek and the Atchison, Topeka & Santa Fe R. R. 9 miles south of Ottawa, the county seat. It is near the site of the old town of Ohio, which was laid out in 1857. The present town grew up after the building of the Leavenworth, Lawrence & Galveston R. R. in 1869, and soon became the supply and shipping town for the dis- trict. It has general stores, hardware and implement houses, lumber yard, blacksmith and wagon shop, money order postoffice, telegraph and express facilities, and in 1910 had a population of 240.
Prohibition .- The temperance question has been an engrossing topic in Kansas from earliest times. The territorial legislature of 1855 enacted a law entitled "An act to restrain dramshops and taverns, and to regu- late the sale of intoxicating liquors." It provided that a special election should be held on the first Monday of Oct., 1855, and every two years thereafter, in each municipal township in each county, and in each incor- porated city or town in the territory, to take vote of the citizens upon the question whether dramshops and tavern licenses should be issued for the two years following the election. The vote on the same was to be by ballot, which should be "In favor of dramshop" or "Against dram- shop." Before a license should be given to tavern keepers, grocers, or other liquor sellers, a majority vote must be cast by each municipality in favor of the measure and a majority of householders must petition for the same. In a city authorized by its charter to grant licenses, "the county tribunal must first have granted it. The tax for such license should be not less than $10, nor more than $500 for every 12 months, the same to be applied to county purposes." Penalties for selling any spir- ituous, vinous, fermented or other intoxicating liquors contrary to law, were a fine of $100 for the first offense and for every second or subse- quent offense not less than $100, and imprisonment in county jail not less than 5 and not more than 30 days. Selling to a slave without the
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sanction of his master, owner or overseer, or selling liquor on Sunday, subjected one to the above named penalties, and a conviction worked a forfeiture of license. The person obtaining the license was required to give bond of $2,000, not to keep a disorderly house, not to sell to a slave, nor directly or indirectly to sell on Sundays, "for which violations of the law a suit could be instituted against the principal or sureties on the bond."
Further action on the liquor question was taken by the legislature of 1859. Chapter 91 of the session laws of that year was an act "to restrain dramshops and taverns and regulate the sale of intoxicating liquors." It provided that no license should be granted by a tribunal transacting county business, or by a city council of an incorporated city, unless the petition requesting the dramshop, tavern, or grocery license should be signed by a majority of the householders in the township, county or ward where the license was sought. All incorporated cities containing 1,000 or more inhabitants were entirely exempted from the operations of this act, such cities possessing full powers to regulate licenses for all purposes and dispose of the proceeds thereof. This law fixed the tax upon th'e dramshop keeper at not less than $50 nor more than $500 for a period of twelve months. The fine for selling liquor without license was not to exceed $100 for the first offense. For the second and subse- quent offenses, the fine should not be greater than $100, but the offender might be indicted for a misdemeanor and fined not less than $500, and imprisoned in the county jail not less than six months. It was made a misdemeanor to sell liquor on Sunday, the Fourth of July, to any one known to be in the habit of getting intoxicated, or to any married man against the known wishes of his wife. All places where liquor would be sold in violation of this act were declared nuisances. Exemplary dam- ages could be recovered by every wife, child, parent, guardian, employer or other person who should be injured in person, property or means of support by any intoxicated person or in consequence of intoxication, and a married woman could sue as a single person.
In the constitutional convention of 1859 there was some discussion about incorporating in the constitution a prohibitory measure with re- gard to liquor, and John Ritchie, of Topeka, suggested 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 spirituous liquors within the state." On July 23, 12 days later, H. D. Preston, from Burlingame, offered this section: "The legislature shall have power to regulate or prohibit the sale of alcoholic liquors, except for mechanical and medicinal purposes." No prohibitory meas- ure was included in the constitution.
The sentiment for temperance was very strong in the year 1867. Lec- turers from the East gave addresses on the subject, enlarging and stimu- lating the temperance feeling throughout the state. In 1869 all the ter- ritorial and state laws of Kansas were revised. The liquor law of 1859, which had been amended in 1867, underwent a change, and the so-called
-
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dramshop act which went into effect on Oct. 31, 1869, had the following for its first section : "Before a dramshop, tavern or grocery license shall be granted to any person applying for the same, such person, if apply- ing for a township license, shall present to the tribunal transacting county business, a petition or recommendation signed by a majority of the residents of the township, of 21 years of age or 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 city or town, then to the city council thereof a petition signed by the majority of the citizens of the ward of 21 years of age, both male and female, in which said dramshop, tavern or grocery is to be kept, recommending such person as a fit per- son to keep the same, and requesting that a license be granted to him for such purpose ; provided that the corporate authorities of cities of the first and second class may by ordinance dispense with petition mentioned in this section."
The act further provided as a penalty for selling liquor on Sunday or on the fourth of July, a fine of not less than $25 nor more than $100 and imprisonment from 10 to 30 days. It was made unlawful for a person to become intoxicated and unlawful to sell to habitual drunkards, or to minors.
From 1861 to 1879 was a period fraught with an ever increasing ten- dency toward prohibition. A few temperance workers labored most industriously to change public opinion in regard to open traffic in liquor. This creation of a new public opinion was in a great measure due to the crusade made against liquor by the Women's Christian Temperance Union. Prohibition meetings were held in all the principal cities of the state years before the amendment to the constitution was adopted. Mrs. Drusella Wilson, the first president of the Women's Christian Temper- ance Union, traveled 3,000 miles in a private conveyance, making speeches, holding mass meetings and "soliciting signatures to a petition to be presented to the legislature." She set the women working all over the state, organizing unions so as to labor more systematically and thor- oughly. She organized over 100 unions that year and she carried in the first petition to the legislature, the largest one ever presented to that body up to that time. The women not only worked faithfully, but when election day came they also turned out all over the state and worked all day, urging up indifferent and negligent voters, and supplying refresh- ments to both bodies and minds of the stronger sex; they held prayer meetings in the churches all day, and sang the church songs every hour to remind the voters that the women were praying for the protection of the homes and the boys.
In his message to the legislature on Jan. 14, 1879, Gov. John P. St. John included a section on temperance. He said in part : "The subject of temperance, in its relation to the use of intoxicating liquors as a bever- age has occupied the attention of the people of Kansas to such an extent I feel it my duty to call your attention to some of its evils, and suggest, if possible, a remedy therefor. Much has been said of late years about
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hard times and extravagant and useless expenditures of money, and in this connection I desire to call your attention to the fact that here in Kansas, where our people are at least as sober and temperate as are found in any of the states in the West, the money spent annually for intoxicating liquors would defray the entire expenses of the state government, including the care and maintenance of all the charitable institutions, agricultural college, normal school, state university and penitentiary. Could we but dry up this one great evil that consumes annually so much wealth, and destroys the physical, moral and mental usefulness of its victims, we would hardly need prisons, poor- houses, or police." (See St. John's Administration.)
Gov. St. John was an ardent and powerful champion of the temper- ance cause and through his influence, and that of other active and sym- pathetic temperance, workers, the legislature of 1879 passed and sub- mitted to the people of Kansas a joint resolution providing an amend- ment to the constitution, by supplementing article 15 with a Ioth sec- tion, as follows: "The manufacture and sale of intoxicating liquors shall be forever prohibited in this state, except for medical, scientific and mechanical purposes." The amendment came before the people at the polls on Nov. 2, 1880, and out of a total vote of 176,606 it was carried by a majority of 7,998. At the next Republican state convention Mr. St. John was renominated for governor upon "a platform pledging the party to the policy of prohibition of the liquor traffic," and made a fight on that issue before the people. He was reelected by a majority larger than that given him in 1878.
In his message to the legislature of 1881 he stated that "This amend- ment being now a part of the constitution of our state, it devolves upon you to enact such laws as are necessary for its rigid enforcement. There are but a few citizens today who will not admit that dramshops are a curse to any people. More crime, poverty, misery and degradation flow from them than from all other sources combined. The real difference of opinion existing in relation to them is not so much as to whether they are an evil or a blessing, but rather as to what course should be pur- sued toward them. Some have contended that they should be licensed ; but it seems to me that if they are an evil, no government should give them the sanction of the law. They should be prohibited as we prolribit all other acknowledged evils. It has been urged as an argument in favor of licensing dramshops, that, under that system, a large revenue is derived. Granting this to be true, I insist we have no right to consider the question of revenue at a cost of the sacrifice of principles. All the revenue ever received from such a source will not compensate for a single tear of a heart-broken mother at the sight of her drunken son as he reels from the door of a licensed dramshop. The people of Kansas have spoken upon the whole question in a language that can- not be misunderstood. By their verdict, the license system as it relates to the sale of intoxicating liquors as a beverage, has been blotted from the statute books of the state. We now look to the future, not forget-
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ting that it was here on our soil where the first blow was given that finally resulted in the emancipation of a race from slavery. We have now determined upon a second emancipation, which shall free not only the body but the soul of man. Now, as in the past, the civilized world watches Kansas, and anxiously awaits the result. No step should be taken backward. Let it not be said that any evil exists in our midst, the power of which is greater than the people."
The legislature, representing the temperance element of the state, on Feb. 19, 1881, passed a long act of 24 sections, prohibiting the manu- facture and sale of intoxicating liquors except for medical, scientific and mechanical purposes, and regulating the manufacture and sale thereof for such excepted purposes. Section I of this act was as follows: "Any person or persons who shall manufacture, sell or barter any spirituous, malt, vinous, fermented or other intoxicating liquors shall be guilty of misdemeanor, and punished as hereinafter provided: "Provided, how- ever, that such liquors may be sold for medical, scientific and mechanical purposes, as provided in this act." Section 2 provided that "It shall be unlawful for any person or persons to sell or barter for medical, scientific or mechanical purposes any malt, vinous, spirituous, fermented or other intoxicating liquor, without first having procured a druggist's permit therefor from the probate judge of the county wherein such druggist may at the time be doing business."
In order to obtain a druggist's permit under this act, the applicant therefor was required to present to the probate judge of the county a petition, signed by at least 12 citizens of the township or county wherein such business was to be located, certifying that the applicant was of good moral character and lawfully engaged in the business of a druggist. He was also required to file with such petition, a good and sufficient bond to the State of Kansas in the sum of $2,500, conditioned that such applicant would neither use, sell, barter nor give away any of the liquors mentioned in section I of the act in violation of any of its provi- sions, and on such violation, said bond shall thereby become forfeited.
Section 3 permitted any physician regularly employed in this profes- sion to give any patient needing alcoholic stimulant a prescription for the same, accompanied by a sworn statement that it was to be used for actual sickness. Sections 5 and 6 prohibited the manufacture of liquor except for medical, mechanical or scientific purposes, and defined the conditions of manufacturing for those purposes. Sections 7, 8 and 9 had to do with the penalties required in violation of the law. A person con- victed of selling without permit might be fined not less than $100 and not more than $500, or be imprisoned not less than 30 nor more than 90 days. For a second offense, the fine should be not less than $200 nor more than $500, and the imprisonment to be not less than 60 days nor more than 6 months, and for a third and every subsequent offense, the fine was to be not less than $500 nor more than $1,000, and imprison- ment not less than 6 months nor more than one year, or both such fine and imprisonment at the discretion of the court.
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