CHAPTER IV.

PROHIBITION IN KANSAS.

All things considered, Kansas is one of the most successful instances of

State prohibition in the Union. The conditions of life there are very

different to those that prevail in Maine, and the liquor law has had to be

enforced under many disadvantageous conditions. Kansas is a Western State,

nearly half as large again as England and Wales, and with a population of

less than a million and a half. Like many other parts of the far West, it

was for some time the refuge of disorderly elements of Europe and the

Eastern States; and even now there is a very considerable "cowboy" class

which makes the carrying out of restrictive legislation extra difficult.

None of its cities contain over forty thousand people, and the number of

foreigners in the State (excepting English families) is comparatively

small. It has a large boundary line, and is bordered on three sides by

States in which the drink traffic is legalised.

In 1880 a prohibitory amendment to the Constitution was proposed and

carried by a very small majority; and the following year saw the passage

through the Legislature of a measure to give enforcement to the amendment.

This was only done after a very fierce fight, and for a time the

opposition was so strong that it was found practically impossible to give

effect to the law in many parts. In 1882 the friends of prohibition were

heavily defeated in the State elections, and it seemed as though the Act

would certainly be repealed. But there came a reaction in favour of

temperance; and in place of repeal, the original statutes were in 1885

considerably strengthened. Since then public feeling has been growing

stronger yearly in favour of the perpetual ostracism of the liquor

traffic.

According to the law as it at present stands, the penalty for keeping a

saloon is a fine of from one hundred to three hundred dollars and

imprisonment from thirty to ninety days. If the person who obtains the

liquor is intoxicated by it, then the seller will be held responsible for

any harm he may do while in that state; and his wife, child, parent,

guardian or employer may bring an action against the seller for injury

done to them through being deprived of means of support, etc., and obtain

exemplary damages.

The chief difference between the Kansas law and that of Maine is that the

sale of drink for purposes other than tippling is made through licensed

druggists, instead of through city agencies. The regulations to prevent

the druggists from selling drink for other than medical, manufacturing and

mechanical purposes are very strict. No druggist can trade in alcohol

without a permit; and he can then supply only on an affidavit of the

customer, declaring the kind and quantity of liquor required, the purpose

for which it is wanted, that it is not intended to be used as a beverage,

and that the purchaser is over twenty-one years old. Any person making a

false affidavit for liquor is counted guilty of perjury, and is liable to

imprisonment from six months to two years.

The affidavits have to be made on properly printed and numbered forms,

supplied by the county clerk, and have to be sent in once a month by the

druggist to the probate judge, with a sworn declaration that such liquor

as stated has been supplied in due accordance with the law. The druggist

has also to keep a daily record, in a book open for inspection, of all

drink sold. For breaking these regulations he is liable to a fine of from

100 to 500 dollars, and imprisonment from thirty to ninety days, besides

losing his permit. There are still further checks and affidavits required,

in the hope of making drug store tippling impossible. But these have by no

means succeeded in their purpose. They have led to a considerable amount

of perjury; and both druggists and customers have developed such elastic

consciences that most of them will now swear affidavits to any extent

required.

In Kansas the prohibition question has been made a partisan one. The

amendment was carried irrespective of politics; but when the Legislature

had to frame the laws the Republicans declared themselves strongly in

favour of active enforcement; and, after the usual manner of politicians,

the Democrats took up the other side. Up to a few months ago, to use the

local parlance, "in the platform of the Republican party there was always

a stout prohibition plank," and the party never met without making a

declaration in favour of thorough enforcement. Every Republican was a

defender of the law; and it was repeatedly said that much of the drinking

in cities was mainly due to the wilful slackness of the Democrats who had

control of them. But at the last State election there came a change. The

Republicans have for some time been supreme in the State, but recently

there has arisen a new party, the Populists, which has attracted great

numbers of the farmers from the older political bodies. In Kansas the

Populist movement is specially strong, and in the last election, by a

combination of Populists and Democrats, a Populist Governor was elected,

and the Republicans driven from office. The present Populist majority,

while not so pronounced on prohibition as were the Republicans, still

expresses its firm intention of maintaining the law. The Republicans now,

somewhat disheartened by their defeat, are inclined to hedge on the

question. Their leaders declare that they will no longer bring forward a

resolution in favour of enforcement at their conventions, but will instead

state in their programme that "the Republican party is, as it always has

been, the party of law, and in favour of enforcing all laws on the statute

book". They say they will do this because it is now wholly unnecessary to

specially declare in favour of one law more than another; but there is no

doubt that the real reason is the hope of being able to draw to their side

a number of hesitating pro-liquor voters, and so win back their old

position. One of the leading Republicans of the State, the Hon. John R.

Burton, frankly explained the state of affairs when he said: "It is high

time the Republican party of Kansas quits its foolishness, and if it

expects to succeed it must go before the people on strictly political

issues. It is time to quit riding a hobby, and next year we must make up

our platform without any relation to the isms."

But while the party leaders, sore after their defeat at the polls, may

talk like this, there is very little likelihood of their proposing or

supporting any retrograde movement; for to do so would be to court certain

disaster at the elections. The great body of the people are

enthusiastically in favour of the law, and even many of those who grumble

at it would join together to prevent the re-enactment of licence in the

State. Religious and temperance organisations abound, and are active in

compelling the officials to resolutely enforce the law.

Prohibition is now fairly carried out in the whole of the State, with the

exception of Wichita, Leavenworth, Atchison, Kansas City, and Fort Scott.

In these places the law is almost a dead letter, and drink can easily be

obtained, though the saloons do not openly advertise their business. Yet,

even after allowing for them, it cannot be denied that the law has led to

a very considerable diminution in the consumption of liquor, and, with it,

a decrease in the rowdyism which was once rampant. The number of persons

paying the Inland Revenue tax has, it is true, increased within the last

few years, but this is no test of the amount of the intoxicants used. The

returns, prepared by the United States brewers themselves for trade

purposes, of the number of barrels of beer consumed within the State in

six recent years are as follows:--

1887 16,488

1888 15,285

1889 9,700

1890 2,700

1891 2,050

1892 1,643

The amount derived by the central Government from Inland Revenue taxes has

also shown a considerable decrease, though not nearly so great as the

above.

Innumerable statistics have been brought forward by those favourable to

the law, to prove that it has had a most beneficial effect on the social

and moral condition of the people. But it is an open question how far the

small amount of poverty in the State and the reduction of crime are due to

prohibition. I have no wish to minimise the actual good accomplished by

the law, but it can serve no useful end to claim for it benefits that are

produced by other causes. Kansas is a new settlement, and its surroundings

and circumstances are such that we might naturally expect its people to be

comparatively free from poverty and its allied evils. The problems that

menace the older civilisation of the East, over-crowding, starvation

wages, and lack of employment, are hardly felt there, and it is not fair

to claim as the outcome of one law the results that are due to many

causes. The greatest benefits of prohibition in Kansas are of another

kind, impossible to show by arrays of figures, but none the less real for

that. The rising generation is free from those temptations which wreck so

many of our own youth. The man who is a wilful drunkard can, no doubt,

find out where to obtain liquor; but he who is weak rather than wicked

does not have alcohol flaunted in his face wherever he goes. A strong

public sentiment against excess is created; and those who are doing battle

with the liquor traffic naturally find themselves opposed to the allied

evils of gambling and impurity. Hence, in the greater part of Kansas, the

social evil is kept under, gambling dens are unknown, and the whisky ring

is banished from politics.

One charge has repeatedly been brought against the law in this State--that

it has checked the inflow of population. "The hour that ushered in

prohibition," said the Hon. David Overmyer, Democratic candidate for the

Governorship, in a speech at Salina last December, "closed our gates to

the hardy immigrant, the home-seeker, the strong and sturdy class that

develops a country.... It has driven law-abiding and enterprising citizens

from the State." Statistics certainly show a decrease in the population

within the last few years. There was a great inflow of immigrants from

1870 to 1880, and from 1880 to 1888 there was a further increase of the

population of from less than a million to over a million and a half. But

from 1888 to 1890 there was a decrease of about ninety thousand, thus

reducing the increase in the ten years to about 43 per cent. Since 1890

the number of inhabitants has probably been stationary. The decrease in

recent years, however, has been due, not to any State law, but principally

to the fact that great tracts of Indian territory immediately below Kansas

have been opened up to white men, and there has been a rush to them. When

the reduction is allowed for, Kansas showed a greater increase in

population from 1880 to 1890 than many of the principal Western States in

which drinking is licensed.

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