The Use and Need of the Life of Carrie A. Nation [60]
spirits, she will
be a gainer a thousand-fold in health, wealth and happiness of the
people."--5 Howard 532.
These far-reaching decisions settle forever the disloyalty and un-
Americanism of any state or citizen presuming to authorize or condone
liquor selling. The whole license system of the United States is clearly
illegal and unconstitutional.
Abraham Lincoln interpreted the Constitution right, when he wrote
the Emancipation Proclamation. The Presidents of the United States
are oath bond to enforce it, and the license to vend intoxicating liquors
as unconstitutional. Mr. Roosevelt is violating his oath to allow this
business to continue. He has the same right and more cause than Abraham
Lincoln to cancel every license, and shut up every brewery and distillery
in the United States. God says, "Woe to the crown of pride, to
the drunkards--Yes, this thing at the head of the nation is cursed--Look
at the assassinated Presidents, since the license was given by the Republican
Party in 1863. Lincoln refused to put his name to the bill at
first, but was over persuaded to do so by those parties who said it was
to pay a war debt, and when that was done, the license would be revoked,
but poor, honest Abe Lincoln was not suffered to undo the wrong he
was persuaded to commit. Every drunkard's wife and drunkard's mother
and child ought to bring suit against the Government, for the durgging,
poisoning and murdering of their loved ones. A man can recover if his
wife's affections are alienated from him, a person can recover damages
even, if he injures his foot on a defective sidewalk--the inference is clear.
And now let us look at the Legal Status of Joint Smashing. Let
every lawyer, judge and law-abiding person read carefully the following:
Kansas, true to the doctrines enunciated above, and loyal to the best
welfare of her populace, enacted constitutional prohibition forbidding the
sale of ardent spirits.
Section 14 of the Prohibitory Law reads: "It shall be the duty of
all sheriffs and constables, in their respective counties and townships, to
file complaints and make arrests for violation of this act, whenever they
shall be informed of the violation thereof, and any such officer who shall
neglect or refuse to file such complaint or make such arrest, upon being
informed of the omission of such offense, shall be subject to a fine not
exceeding $100, and his office shall be vacant: Providing that no such
officer shall in any event be liable for costs of such prosecution." ,
Hence, it is not necessary that the private citizen drum up evidence,
swear out warrants and prosecute liquor drug-stores and joints. That
is what officials are elected and paid for and if officers fail to abate
these liquor venders, then the duty devolves back on the patriotic citizen.
This decision of the Supreme Court of the United State;, carried
up from Vermont, Spaulding vs. Preston, 21 p. 9, towit: "If any member
of the body politic instead of putting his property to honest uses,
converts it into an engine to injure the life, liberty, health, morals, peace
or property of others, he can, I apprehend, sustain no action against one
who withholds or destroys his property with the bona fide intention of
preventing injury to himself or others."
In Kansas every liquor selling place is not only a declared nuisance,
but a constitutional outlaw. And in the case from Pennsylvania
where a private individual had abated a nuisance, the court held: "We
consider it also well settled, as is claimed by this defendant, that a common
nuisance may be removed, or, in legal language, abated by any individual.
Any man, says Lord Hale, may justify the removal of a common
nuisance, either by land or by Nyater, because every man is concerned in
it."
It is not only the privilege of the patriotic citizen to abate a dangerous
nuisance but it is commendable. Bishop on Criminal Law, paragraph
1081, says: "This doctrine (of abatement of a public nuisance by an
individual) is an expression of the better instincts of
be a gainer a thousand-fold in health, wealth and happiness of the
people."--5 Howard 532.
These far-reaching decisions settle forever the disloyalty and un-
Americanism of any state or citizen presuming to authorize or condone
liquor selling. The whole license system of the United States is clearly
illegal and unconstitutional.
Abraham Lincoln interpreted the Constitution right, when he wrote
the Emancipation Proclamation. The Presidents of the United States
are oath bond to enforce it, and the license to vend intoxicating liquors
as unconstitutional. Mr. Roosevelt is violating his oath to allow this
business to continue. He has the same right and more cause than Abraham
Lincoln to cancel every license, and shut up every brewery and distillery
in the United States. God says, "Woe to the crown of pride, to
the drunkards--Yes, this thing at the head of the nation is cursed--Look
at the assassinated Presidents, since the license was given by the Republican
Party in 1863. Lincoln refused to put his name to the bill at
first, but was over persuaded to do so by those parties who said it was
to pay a war debt, and when that was done, the license would be revoked,
but poor, honest Abe Lincoln was not suffered to undo the wrong he
was persuaded to commit. Every drunkard's wife and drunkard's mother
and child ought to bring suit against the Government, for the durgging,
poisoning and murdering of their loved ones. A man can recover if his
wife's affections are alienated from him, a person can recover damages
even, if he injures his foot on a defective sidewalk--the inference is clear.
And now let us look at the Legal Status of Joint Smashing. Let
every lawyer, judge and law-abiding person read carefully the following:
Kansas, true to the doctrines enunciated above, and loyal to the best
welfare of her populace, enacted constitutional prohibition forbidding the
sale of ardent spirits.
Section 14 of the Prohibitory Law reads: "It shall be the duty of
all sheriffs and constables, in their respective counties and townships, to
file complaints and make arrests for violation of this act, whenever they
shall be informed of the violation thereof, and any such officer who shall
neglect or refuse to file such complaint or make such arrest, upon being
informed of the omission of such offense, shall be subject to a fine not
exceeding $100, and his office shall be vacant: Providing that no such
officer shall in any event be liable for costs of such prosecution." ,
Hence, it is not necessary that the private citizen drum up evidence,
swear out warrants and prosecute liquor drug-stores and joints. That
is what officials are elected and paid for and if officers fail to abate
these liquor venders, then the duty devolves back on the patriotic citizen.
This decision of the Supreme Court of the United State;, carried
up from Vermont, Spaulding vs. Preston, 21 p. 9, towit: "If any member
of the body politic instead of putting his property to honest uses,
converts it into an engine to injure the life, liberty, health, morals, peace
or property of others, he can, I apprehend, sustain no action against one
who withholds or destroys his property with the bona fide intention of
preventing injury to himself or others."
In Kansas every liquor selling place is not only a declared nuisance,
but a constitutional outlaw. And in the case from Pennsylvania
where a private individual had abated a nuisance, the court held: "We
consider it also well settled, as is claimed by this defendant, that a common
nuisance may be removed, or, in legal language, abated by any individual.
Any man, says Lord Hale, may justify the removal of a common
nuisance, either by land or by Nyater, because every man is concerned in
it."
It is not only the privilege of the patriotic citizen to abate a dangerous
nuisance but it is commendable. Bishop on Criminal Law, paragraph
1081, says: "This doctrine (of abatement of a public nuisance by an
individual) is an expression of the better instincts of