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his permit issued, where they shall be safely kept for Seo. 15. Every wife, child, parent, guardian, or emthe period of two years from the date of the filing of ployer, or other person, who shall be injured in person each : . . . Provided, however, That no sales of intoxi or property, or means of support, by any intoxicated cating liquors shall be made by any such druggist, person, or in consequence of intoxication, habitual or knowingly, to any minor in any case, except upon pre- otherwise, of any person, such wife, child, parent, scription for medical purposes, as in this act provided : or guardian shall have a right of action, in his or her
Provided, That any druggist having a permit to own name, against any person who shall, by selling, sell intoxicating liquors under this act may sell such bartering, or giving intoxicating liquors, have caused liquors in quantities not less than one gallon to any the intoxication of such person, for all damages actuother druggist having a like permit.
ally sustained, as well as for exemplary damages; and Sec. 5. No person shall manufacture or assist in the a married woman shall have the right to bring suits, manufacture of intoxicating liquors in this State ex- prosecute and control the same, and the amount recept for medical, scientific, and mechanical purposes. covered, the same as if unmarried; and all damages Any person or persons desiring to manufacture any recovered by a minor under this act shall be paid of the liquors mentioned in section 1 of this act for either to such minor, or to his or her parents, guardmedical, scientific, and mechanical purposes, shall ian, or next friend, as the court shall direct; and all present to the probate judge of the county wherein suits for damages under this act shall be by civil acsuch business is proposed to be carried on, a petition tion in any of the courts of this state having jurisdioasking a permit for such purpose, setting forth the tion thereof. name of the applicant, the place where it is desired to Sec. 17. The giving away of intoxicating liquor, or carry on such business, and the kind of liquor to be any shifts or device to evade the provisions of this manufactured. Such petition shall have appended act, shall be deemed an unlawful selling within the thereto a certificate signed by at least twelve citizens provisions of this act. of the township or city where such business is sought to be established, certifying that such applicant is a Manufacturing permits continue in force for person of good moral character, temperate in his five years. Violations of the act are punished habits, and a proper person to manufacture and sell by fine or imprisonment. intoxicating liquors. Such applicant shall file with said petition a bond to the State of Kansas in the sum “ the County Superintendent of Public In
An act passed at this session provides that of ten thousand dollars, conditioned that, for any violation of the provisions of this act, said bond shall be struction in counties containing one thousand forfeited. Such bond shall be signed by said applicant and not more than twelve hundred persons beor applicants as principal or principals, and by at least tween the ages of five and twenty-one years three sureties, who shall justify under oath in the sum of seven thousand dollars each, and who shall be of shall receive four hundred dollars per annum; the number signing said petition. The probate judge in counties having a school population of from shall consider such petition and bond, and if satisfied twelve hundred to fifteen hundred, he shall rethat such petition is true, and that the bond is suffi- ceive five hundred dollars per annum; and in cient, may in his discretion grant a permit to manu- counties containing more than fifteen hundred facture intoxicating liquors for medical, scientific, and mechanical purposes. . . . Such manufacturer shall sell persons of school age, he shall receive five hunthe liquor so manufactured only for medical, scientific, dred dollars, and twenty dollars for each addiand mechanical purposes, and only in original pack- tional one hundred such persons per annum. ages. He shall not sell said liquors for medical pur- In counties having a school population of less poses except to druggists who at the time of such sale than one thousand, the County Superintendent provided in this act; and he shall sell such liquors to shall receive three dollars for each day actually no other person or persons, associations or corpora- and necessarily employed in the discharge of tions, except for scientific and mechanical purposes, the duties of his office, for a number of days and then only in quantities not less than five gallons, not to exceed one hundred in one year, which
Sec. 6. All sales made by such manufacturer shall be upon a written or printed application, setting forth compensation shall be payable quarterly, on the name, occupation, and residence of the applicant, the order of the Board of County Commissionthe quantity and kind of liquors wanted, and for what ers: Provided, That no county superintendent purpose ; and all such applications shall be verified shall receive to exceed one thousand dollars by the affidavit of the applicant, made before some officers in the county having authority to administer per annum; and that, in determining the salaoaths, that the statements in said application are true. ries of county superintendents, the school popSuch' manufacturer shall file all such applications in ulation of cities of the first and second class shall the probate court of the county wherein the applicant not be included." All superintendents receivwhere they shall be kept on file for two years from the ing over six bundred dollars per annum are redate of such filing. Any rectification or adulteration quired to devote their entire time to the duties of intoxicating liquors shall be considered manufact- of their offices. uring under this act.
The State was reapportioned for Senators Seo. 13. All places where intoxicating liquors, are and Representatives, but no law was passed tion of any of the provisions of this act, or where in providing for a congressional reapportiontoxicating liquors are kept for sale, barter, or vse, in ment. The representation of the State will be violation of this act, are hereby declared to be common increased from three to six under any act likely nuisances.
to pass Congress. According to the census of Sec. 14. Every person who shall, by the sale, barter, or gift of intoxicating liquors, cause the intoxica- 1880, but six States raised more corn than tion of any other person or persons, shall be liable Kansas; they were Illinois, Indiana, Iowa, Misfor, and compelled to pay, a reasonable compensation souri, Ohio, and Minnesota. Only nine States to any person who may take charge of, and provide -to wit, California, Illinois, Indiana, Iowa, for, such intoxicated person, and five dollars per day Michigan, Minnesota, Missouri, Ohio, and Pennin addition thereto for every day such intoxicated per. sylvania—were ahead of Kansas on wheat. son shall be kept in consequence of such intoxication, to be recovered by civil action in any court having
The production of corn, wheat, and oats, for jurisdiction.
the year 1880, by counties, was as follows: VOL. XXI.-30 A
The report of the State Board of Agricult
ure for 1881 shows that the total number of Bushels. Bushels. Bushels.
horses in the State for the year was 383,1,418,563 61,428 59,465 1,201,828 79,681 66,088 815; previous year, 367,589; increase, 16,226. 2,129,689 182,872 862,078 Mules and asses, 58,780; previous year, 58,6,996
2,784 598,835 56,194 286,521 303; increase, 477. Milch-cows for the year, 2,307,528 112,070 95,829 406,706; previous year, 366,640; increase, 40,8,912,864 268,406 424,884 2,099,604 146,879 868,258
066. Other cattle for the year, 839,751; pre693,622 42,422 92,138 vious year, 748,672; increase, 81,079. Sheep, 1,046,485 20,912 081808 806,323; previous year, 426,492 ; increase, 2,885, 175 242,751 1,876,262 141,817 825,184 379,831. 2,064,376 125,819 246,031 Cheese made in factories for the year, 518,1,513,209 85,928 82,823 100
549 pounds; previous year, 573,346 ; a decrease 2,274,855 186,471 624,585 of 54,797 pounds. Butter made in factories, 2,797,340 258,056 198,498 220,923 pounds; previous year, 133,101 pounds; 481,218 28, 743
54,017 1,242 9.997 an increase of 154,199 pounds. Cheese made 1,628,282
95,417 698,426 in families for the ar, 187,933 pounds; pre2,475,986 209,185 518,140 2,898,575 226,583 403,188
vious year, 135,101 pounds; an increase of 9,080 5,728
27,468 54,832 pounds. Butter made in families, 20,1,009,521 26,524 106,665 9,009
198,845 350,853 pounds; previous year, 16,611,315; 625,143 89,653 222,803 increase, 3,739,538 pounds.
The total value of the products of the twen2,888 4,493 2,202,778 188 896 104,575
ty-two field-crops raised in 1881 is $81,910,439, 2,385
259 or more than 30 per cent greater than in any 42,260
8,194 1,805,067 45,840 108,005
previous year in the history of the State. The 159,570 11,480 25,288 two that contribute the largest share of this 1,122,916
176,517 818,957 total are wheat and corn; the former making 8,750
1,814 1,715,828 118,160 177,981 $21,705,205.80, and the latter $44,859, 903.29. 2,436,016 220,854 516,258 In production, average yields were not so 2,386,624 143,067
247,684 large as in 1880, but the increased price of farm 8,209,213 270,857
102,842 6,468 27,886 products makes the product of this year much
The yield of wheat (winter and spring) was 898,864 84,589 263,860 20,479,689 bushels; corn, 80,760,542 bushels ; 2,786,540 116,124 104,812 1,891,870 98,948 92,551
of oats, 9,900,768 bushels were raised, and are 1,670,101 297,696 982,037 valued at $3,855,749.77 ; Irish potatoes, 1,854,
992,748 96,698 877,917 140 bushels, with a value of $2,710,377.50. The
tons, with a value of $11,894,594.98.
62,785 Of the minor crops, the following products 1,920,159 117,988 149,450 and values are given: rye, 986,508 bushels-
8,092 150 256,289 13,679 64,449 $735,553.27; barley, 110,125 bushels—$87,8,101,517
123,154 170,854 528.80; buckwheat, 58,621 bushels-$43,965.. 638,897 89,266 269,068 971.805 98,114 860 785 75; sweet-potatoes, 201,062 bushels-$292,66,865 8106 61,051 842.55 ; sorghum, 3,899,440 gallons——$1,745,710,896 89,416
288,447 871.45; castor-beans, 392,549 bushels—$497,2,137,162
218,405 72,064 9,983 20,456 378.13; cotton, 388,070 pounds—$38,805.30; 8,760 900
252 flax-seed, 1,184,445 bushels — $1,357,943.61;
824,780 87,185 147,536 797,829 pounds—$79,782 ; broom-corn, 32, -
961,150 pounds – $1,480,115.75 ; rice-corn,
98,121 82,342 6,589 68,810 520,534 bushels-$314,787.12; and pearl-mil861,762 26,118 185,285 let, 30,176 tons-$165,863. 1,321,171 115,594 610.768 2,347,080 301,192 674,741 The value of property subject to taxation is 2,889,645 128,726 183,564 $284,688,955.05, being $307.51 per capita. 15,800
The increase in the value of live-stock ove: 82,797 265,980 159,724 10,762 87,498 last year is $6,952,504.50; produce of live1,902,794 143,824 410,780 stock during the year, $21,682,888.25; valu » 4,175
11,677 of honey and wax produced, $22,210.25; prod. 1,008,990 48,484 217,911 ucts of orchards and vineyards, $1,882,364.68
There were eight counties that this year hai. 1,848,119 93,611 212,827 vested over 500,000 bushels of wheat, viz. : 809,899 61,748 89,186 McPherson, 1,337,174; Saline, 1,160,705 ; Sedg. 620,640 57,193 178,599
wick, 1,085,117; Dickinson, 926,226; Sumnei, 105,729,825 8,180,385 17,824,141 862,728; Cowley, 702,144; Barton, 670,720;
and Harvey, 660,935. Seven counties raised track of railroad in Kansas, 3,478.36; average more than 400,000 bushels, viz. : Marion, 495,- assessed value per mile, $5,149.82; total value 729; Ottawa, 481,280; Reno, 470,160; Rice, of main-track, $17,912,943. Total miles of 428,520; Cherokee, 419,500; Labette, 405,- side-track, 274.75; average assessed value per 080; and Lincoln, 401,555.
mile of side-track, $2,000; total value of sideForty-two counties raised over 1,000,000 track, $551,750. Assessed value per mile of bushels of corn each, viz.: Sedgwick, 3,206,- rolling-stock, $892.10; total value of rolling700; Sumner, 3,187,380; Butler, 2,988,420; stock, $3,103,045.89. Assessed value per mile Cowley, 2,457,575; Jewell, 2,414,680 ; Brown, of tools and materials, $138.04; total value of 2,385,050; Osage, 1,965,572; Nemaha, 1,939,- tools and materials, etc., $480,160.70. As756 ; Miami, 1,923,138 ; Lyon, 1,917,702 ; sessed value of buildings, $624,100. Total valWashington, 1,835,640; Republic, 1,806,340; uation of all property, $22,671,999.59. AverLabette, 1,693,098; Marshall,1,692,140; Frank- age valuation per mile upon all said property lin, 1,621,906; Wilson, 1,582,175 ; Doniphan, inclusive, $6,578.01. There were built in the 1,510,580; Linn, 1,498,554; Bourbon, 1,498,- State, between March 1, 1880, and March 1, 020; McPherson, 1,492,942; Montgomery, 1881, 374:15 miles. The valuation of railroad 1,481,384; Smith, 1,393,616; Coffey, 1,338,- property is a little over one eighth of the total 736; Shawnee, 1,292,180 ; Johnson, 1,257,718; taxable valuation of the State. Harvey, 1,158,027; Dickinson, 1,157,536; Pot In February the Supreme Court rendered a tawatomie, 1,143,632; Greenwood, 1,129,625; decision holding that the prohibitory amendAnderson, 1,115,350 ; Leavenworth, 1,109,198; ment had been legally adopted. In June the Crawford, 1,094,475; Cherokee, 1,086,528; same court rendered an important decision in Cloud, 1,077,835; Douglas, 1,075,225; Atch- several cases brought to test the force and scope ison, 1,075,220: Mitchell, 1,064,258; Clay, of the liquor law above set forth. The follow1,063,140; Neosho, 1,050,624; Marion, 1,027,- ing are the points of the decision : 532; Rice, 1,015,760; and Reno, 1,006,450. 1. The Legislature has the power, under the Con
While the long-continued dry weather and stitution, to cast upon the person holding the office the armies of chinch-bugs did immense dam- of judge of the probate court the duty of issuing age to the crops of the State during 1881, permits or licenses for the sale of liquor, as provided
in chapter 128 of the laws of 1881. yet the value of $122,450,406.95 was divided
2. Said chapter 128, so far as it purports to regulate among the farmers.
the sale of liquor for medical and other purposes, is The permanent school fund on hand or in- not in conflict with the Constitution, because it revested, drawing interest, amounted in 1880 to stricts the right to sell to druggists. $2,297,590. The approximate value of the to- meaning ota statute, its letter is to be first examined
3. While, in order to determine the true scope and tal school fund of the State, reckoning lands and considered, yet courts should also have regard to at the average price they have so far sold for, the evil sought to be remedied, for that which is withis $11,815,519.20.
in the letter, though not within the spirit of the statThe following school statistics are for the ute, is not, in legal contemplation, a part of it. year 1881 : Number of organized school dis- 128 is the use of intoxicating liquors as a beverage.
4. The evil sought to be remedied by said chapter tricts in the State, 6,322, an increase over 1880 This purpose interprets the law. of 188; total male children between five and 5. Whatever is generally and popularly known as twenty-one years of age, 177,476 ; total female intoxicating liquor, such as whisky, brandy, gin, etc., children of the same ages, 169,316; whole num
is within the prohibitions and regulations of the statber of children of school age, 346,792, an in- courts.
ute, and may be so declared as matter of law by the crease over 1880 of 6,145 ; total school enroll 6. Whatever, on the other hand, is generally and ment, 249,034; total school attendance, 139,- popularly known as medicine, an article for the toilet, 776.' Total number of teachers in the State, for its preparation prescribed, in the United States 8,208; total number of male teachers, 3,544; Dispensatory, or like standard authority, and not total number of female teachers, 4,664; total among the liquors ordinarily used as intoxicating average monthly salary paid male teachers in beverages-such as tincture of' gentian, paregoric, baythe State, $30.21; do., female teachers, $23.77. rum, cologne, essence of lemon, etc.—-is without the Average number of weeks of school within the statute, and may be so declared as matter of law by
the courts, and this notwithstanding such articles year per district, 23•7; total number of certifi- contain alcohol, and in fact and as charged may procates issued within the year, 7,435.
duce intoxication. The State and municipal indebtedness in
7. As to articles intermediate these two classes, ar1880 was as follows:
ticles not known to the United States Dispensatory
or other similar standard authority, compounds of inState bonds outstanding..
toxicating liquors with other ingredients, whether put County bonds outstanding..
7,389,666 County warrants..
up upon a single prescription and for a single case, or
310,229 Township bonds
compounded upon a given formula and sold under a Township warrants..
36,476 specific name as bitters, cordials, tonics, etc., whether City bonds
1,921,478 they are within or without the statute, is a question of City warrants.
fact for a jury and not of law for the court. The rule School-district bonds..
2,012,707 or test is this: If the compound or preparation be School orders...
such that the distinctive character and effect of intoxTotal State and municipal debt.. $15,160,579 icating liquor is gone, that its use as an intoxicating The State has 80 organized counties, 67 of other ingredients, then it is outside the statute. But
beverage is practically impossible by reason of the which have railroads. Total miles of main- if, on the other hand, the intoxicating liquor remain
as a distinctive force in the compound, and such com- the votes of those four members should not be pound is reasonably liable to be used as an intoxicat- counted, and therefore that the act must be ing beverage, then it is within the statute.
considered as not having passed the House of In 1879 the House of Representatives con- Representatives, and as void. sisted of 129 members—four more than are The total product of coal, according to the permitted by the Constitution of the State— census of 1880, was 771,142 tons. The followfour of which members, to wit, the repre- ing statement gives the total amount of taxes sentatives from Rooks, Rush, Harper, and Bar- paid in the State on the assessment of 1880 for bour Counties, were not, under the Constitution all purposes : and laws, entitled to seats in the House of Rep State taxes..
$886,515 resentatives as members. An act was passed
2,058,782 City taxes..
861,167 that year by the Legislature, but only by the Township taxes..
564,829 assistance of the votes of those four members,
1,819,931 and, except for their votes, this act would not
Total taxes paid...
$5,691,244 have received a constitutional majority of the The following table shows the population of votes of the House; and, not counting their the State by counties, as finally returned by the votes, the act did not receive a constitutional census of 1880, and also as compared with the majority. The Supreme Court now holds that census returns of 1870:
KENTUCKY. The presidential vote in Lewis was elected judge of the Court of Ap1880 was as follows: for the Hancock electors, peals, to fill a vacancy caused by the death of 149,068; Garfield electors, 106,306; Weaver, Judge Martin H. Cofer, by a vote of 22,051 11,499; Dow, 258. At the August election of against 11,207 for T. T. Alexander. At the same 1881 there was no organized opposition to the election a vote was taken on the question of re-election of James W. Tate, Democrat, for calling a constitutional convention. The numState Treasurer. He received 115,520 votes, ber of votes cast in the affirmative was not a against 725 for all others. The Legislature majority of the citizens of the State entitled consists of 29.Democrats and 9 Republicans in to vote for representatives, and the proposition the Senate, and in the House of 73 Democrats, was defeated. The number of legal voters is 21 Republicans, 4 Greenbackers, and 2 Inde 367,163, of whom 312,521 are white and 54,642 pendents. In the third appellate district, con- colored. There is a general feeling in the sisting of the counties of Adair, Allen, Barren, State that a revision of the Constitution is Breckinridge, Bullitt, Cumberland, Green, Har- necessary, but the above and other constitudin, Hart, Jefferson, Larue, Marion, Meade, tional provisions render the calling of a conMetcalfe, Monroe, Nelson, Oldbam, Shelby, vention well-nigh impossible. A proposition Spencer, Taylor, and Washington, Joseph H. to call a convention was submitted to the peo
School fund proper...
ple in 1879, and failed for a like reason, though right of suffrage in the election of school trustees, we it received 124,191 votes.
favor the extension of said rights to them in all matBesides the fact that all voters who absent
ters relative to the liquor-traffic.
We cordially invite all voters, without regard to themselves from the polls, or fail to record former party affiliation, to unite with us in the use of their votes either way, are counted against the the ballot for the abolition of the drinking system convention, the present Constitution throws under the authority of our national and State governother impediments in the way of changes of ment, and the enforcement of the above-named measthe organic law. From the time the first step ness and national prosperity.
ures, believing their adoption essential to our happiis taken, six or seven years are required to accomplish a change. A law is passed to au
The following resolution was also adopted : thorize the taking of a vote, say, in 1879, result Resolred, That we recommend that county and State ing in a majority at the polis in 1881; then tickets be placed before the people at every regular the Legislature is directed to order another election, and it shall be the duty of every friend of the election in 1883, which, if successful, makes port such ticket.
temperance cause, opposed to the drink-traffic, to supit mandatory to provide for the election of delegates to a convention in 1884. The conven- and on December 16th adjourned to January
The Legislature convened on November 28th, tion must meet three months after the election 3, 1882, to give the members opportunity to of its members. In view of these difficulties a so-called "sov: General Assembly had been invited. No im
attend the Atlanta Exposition, to which the ereignty” convention, or convention called irrespective of the Constitution, and represent- of December James B. Beck was re-elected
portant legislation was perfected. On the 7th ing the people in their primary or sovereign United States Senator, receiving 101 votes, capacity, has found advocates. At a public meeting in Louisville, on the 14th of October, while John D. White, Republican, received 28 a State Prohibition party was organized, and votes, and Charles W. Cook, Greenbacker, 4.
The amount of the various funds in the the following platform adopted :
Treasury, October 10th, was as follows, viz. : Whereas, The evil of intemperance is the acknowl Revenue department..
$51,118 28 edged prevailing vice of this country, and experience Sinking fund proper ..
168,954 27 teaching us the important lesson that a country con
23,806 86 scious of its vices, clinging to its vices, refusing to Colored school fund.
8,466 93 give up its vices, must perish by its vices, and believing that there are but two remedies for the evil,
$247,846 84 one by a political power through a political party pledged to this end, and the other by the judgments cit to be met for the fiscal year following lis
The estimate of the late Auditor of the defiof Almighty God; and,
Whereas, Old political parties have for years ignored retirement, and ending October 10, 1880, was the temperance question - ay, more, have clasped $679,912.35. The last General Assembly made hands over the licensed liquor-traffic; therefore, be it
Resolved, 1. We declare in favor of the finale pirom thorizing a transfer of surplus and a loan from hibition of the manufacture and sale of intoxicating the sinking fund to revenue proper of $235,
temporary provision to meet his deficit by auliquors, both in State and nation.
2. It'is neither right nor politic for the State to fur- 671.72. They also authorized the Governor, nish legal protection to any traffic or system which Auditor, and Treasurer to borrow $500,000 on tends to waste the resources, to corrupt social habits, and to destroy the health and lives of the people. the credit of the State if in their judgment it That the importation, manufacture, and sale of intoxi- should be found necessary. Of this amount cating beverages are proved to be inimical to the true $300,000 was borrowed during the year 1880, interest of individual, home, community, and State, and $100,00 in 1881, making a total of $635,and destructive to the welfare of society, and ought 671.72. therefore to be classed among the crimes to be prohibited.
The sinking-fund debt has all been paid, and 3. That we arraign the Republican party, which has also $100,000 of the borrowed money; leavbeen in continuous power for twenty years, as being ing $300,000 due on borrowed money, with a false to duty, as false to the loudly proclaimed princi- balance in the Treasury to the credit of revples of equal justice to all and special favors to none, and protection to the weak and defenseless, and for
enue proper on 10th of October of $51,118.28; being so insensible to the misery which the trade in leaving a deficit of $248,881.72. liquor has constantly inflicted upon the industry, trade, The receipts have steadily increased during commerce, and social happiness of the people. the last two fiscal years. In the year just
4. We arraign the Democratic party as unfaithful and unworthy of reliance on this question, for, al- expired October 10th they about equaled the though not clothed in power, but occupying the rela- expenditures. The Auditor's estimate for the tion of an opposition party during twenty years past, year ending October 10, 1882, is as follows, strong in numbers and organization, it has allied itself viz. : with liquor-traffickers. these parties into power are dead, and hereby renounce Receipts.. ... That we believe the main issues which brought Expenditures for the year ending October 10,
$1,306,269 63 all connection with old parties, full of dead issues, and Add balance in Treasury October declare for a new one, full of living virtues.
61,118 28 6. We denounce the present free-school system of
1,857,887 91 Kentucky as not sufficient to meet the ends of liberal education, and demand such legislation as is neces
Deficit for the year..
$100,262 09 To which add bank loan...
800,000 00 sary for the proper education of our children. 7. Since our State has empowered women with the Total deficit October 10, 1882..