The Use and Need of the Life of Carry A. Nation Part 11

All such efforts are treason to society and organized government.

Again, the Supreme Court of the United States has declared: "If the public safety or the public morals require the discontinuance of any manufacture or traffic, the hand of the legislature cannot be stayed from providing for its discontinuance, by any incidental inconvenience which individuals or corporations may suffer."--97 U. S. 32. Thus the legislature of any state can confiscate property by wholesale if necessary for the protection of the community. Powder mills, slaughter houses and pest houses, necessary inst.i.tutions, are frequently so condemned and rendered absolutely worthless.

The Federal Supreme Court gives ample power to all states to enforce this great fundamental principle. It says: "The state cannot by any contract limit the exercise of her power to the prejudice of the public health and the public morals."--111 U. S. 751.

Speaking specifically, a sweeping decision of the highest tribunal of the land, is as follows: "There is no inherent right in a citizen to thus sell intoxicating liquors by retail; it is not a privilege of a citizen of a state or a citizen of the United States."--137 U. S. 86.

No state or citizen of the United States then has any power, authority or right to vend intoxicating liquors at all.

That there may be no misconception or misconstruction, in a case from Kansas, this final court of appeal in American jurisprudence, said: "For we cannot shut out of view the fact, within the knowledge of all, that the public health, the public morals, and the public safety may be endangered by the general use of intoxicating drinks; nor the fact, established by statistics accessible to everyone, that the idleness, disorder, pauperism, and crime existing in the country are, in some degree at least, traceable to the evil,"--Mugler vs. Kansas, 123 U. S. 623.

And again: "The statistics of every state show a greater amount of crime and misery attributable to the use of ardent spirits obtained at these liquor saloons than to any other source."--137 U. S. 86.

Hon. Justice Grier said: "It is not necessary to array the appalling statistics of misery, pauperism, and crime that have their origin in the use and abuse of ardent spirits. The police power, which is exclusively in the state, is competent to the correction of these great evils, and all measures of restraint or prohibition necessary to effect that purpose are within the scope of that authority, and if a loss of revenue should accrue to the United States, from a diminished consumption of ardent 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 unconst.i.tutional.

Abraham Lincoln interpreted the Const.i.tution right, when he wrote the Emanc.i.p.ation Proclamation. The Presidents of the United States are oath bond to enforce it, and the license to vend intoxicating liquors as unconst.i.tutional. 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. G.o.d says, "Woe to the crown of pride, to the drunkards--Yes, this thing at the head of the nation is cursed--Look at the a.s.sa.s.sinated 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 Smas.h.i.+ng. 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 const.i.tutional 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 towns.h.i.+ps, 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 States, 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 const.i.tutional 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 our natures, which lead men to watch over and s.h.i.+eld one another from harm."

"The buildings, premises and paraphernalia of a nuisance are not legitimate property and have no rights in law. Damages cannot be recovered for their destruction by an individual. The question of malice does not enter into the case at all."

I Bishop's Criminal Law 828; I Hilliard on Torts, 605.

"At common law it was always the right of a citizen, without official authority, to abate a public nuisance, and without waiting to have it adjudged such by legal tribunal. His right to do so depended upon the fact of its being a nuisance. If be a.s.sumed to act upon his own adjudication that it was, and such adjudication was afterwards shown to be wrong, he was liable as a wrong-doer for his error, and appropriate damages could be recovered against him. This common law right still exists in full force. Any citizen, acting either as an individual or as a public official under the orders of local or munic.i.p.al authorities, whether such orders be or be not in pursuance of special legislation or charter provisions, may abate what the common law deemed a public nuisance. In abating it, property may be destroyed, and the owner deprived of it without trial, without notice and without compensation. Such destruction for public safety or health is not a taking of private property for public uses without compensation, or due process of law, in the sense of the const.i.tution. It is simply the prevention of its noxious and unlawful use, and depends upon the principle that every man must so use his property as not to injure his neighbors, and that the safety of the public is the paramount law. These principles are legal maxims or axioms essential to the existence of regulated society. Written const.i.tutions presuppose them, are subordinate to them, and cannot set them aside."

These great principles of civil jurisprudence and popular government apply alike in every state in the Union. An eminent jurist, Judge James Baker, of Evanston, Ill., formerly a resident of Missouri, gives his professional opinion of the late crusading by the women there. He maintains that it was legal; he points out that the saloons raided, at Denver and Lathrop, were unlawful and that they were "nuisances at common law." He quotes Illinois law as follows: "As the summary abatement of nuisances is a remedy which has ever existed in the law, its exercise cannot be regarded as in conflict with const.i.tutional provisions for the protection of the rights of private property and giving trial by jury. Formal legal proceedings and trial by jury are not appropriate and have never been used in such cases." Judge Baker sums up the case thus: "The women who destroyed such property are not criminals.

They have the same right to abate such common nuisances as men have to defend their persons or domiciles when unlawfully a.s.sailed. As the women of that state are denied the right to vote or hold office, I think they are fully justified, morally and legally, in protecting their homes, their families, and themselves from the ravages of these demons of vice in the summary manner which the law permits."

More citations might be given proving the legality of joint smas.h.i.+ng by the crusaders, but the foregoing is ample, for all fairminded, loyal people. Had the joint smasher's cases been tried on their merits, not one would have been convicted of a misdemeaner. They were arrested, tried, convicted, imprisoned and fined for disturbing the "peace" of a common nuisance, and "malicious" destruction of rebel paraphernalia. Their only intent was against the treasonable liquor traffic. Had there been no liquor dispensing there had been no smas.h.i.+ng. This the liquorized courts would not admit for a moment. Every ruling was a burlesque on civil law, a travesty on justice and a contemptible farce. The whole proceedings from beginning to end were a miserable outrage.

DECAY AND DECLINE OF THE AMERICAN REPUBLIC.

Today the country is ringing with the cry of political bribery, boodle and official corruption, from the highest to the lowest. The rum traffic is the princ.i.p.al factor in demoralizing and destroying the dignity, honor and integrity of civic life. It is the insidious foe that is hatching and nursing crime. Startling complication of statistics, obtained from the replies of over 1,000 prison governors in the United States to a circular letter addressed to them, and a summary shows that the general average of 909 replies received from the license states, gives the proportion of crime due to drink at no less than seventy-two per cent; the average from 108 officials in Prohibition states giving the per centage at thirty- seven. A considerable number of the latter were "boot-leggers" in jail for selling whiskey. Out of the 1,017 jailers, only 181 placed their estimate below twenty-five per cent, and fifty-five of these were from empty jails in prohibition territory. The relation of drink to pauperism is much the same as that of drink to crime. Of 73,045 paupers in all the alms- houses of the country, 37,254 are there through drink.

According to official statistics as gathered by Commissioner Carroll D. Wright, of the Bureau of Labor, there are 140 cities in the country having a population of 30,000 and upwards.

In these cities there were in 1898, 294,820 people arrested for drunkeness, almost ten times as many as now comprise our army in the Philippines.

If this great army of drunkards were marshalled for a parade, marching twenty abreast, it would require four and one-half days, marching ten hours a day, for them to pa.s.s a given point. And these 295,000 drunks do not include the arrests for "disorderly conduct," "a.s.sault" and a dozen other offences which grow out of the licensed rum business. The total arrests for all causes in these cities was 915,167. Counting the moderate estimate of three-fourths of these as being the victims of the lawful saloons, it would require more than a week's marching twenty abreast, for the great procession to stagger past a reviewing stand, and the rum product of only 140 cities heard from.

These appalling statistics are the common property of every citizen, and any political party pretending to financial improvement that ignores the sixteen hundred million dollars worse than squandered in liquor and tobacco annually in the United states, is untrue to itself and false to the nation. Gambrinus, the G.o.d Bacchus, the Rum Power, this Moloch of perdition, must be destroyed. Prohibition is the only remedy. Kansas is to be the battle ground. Her const.i.tutional prohibitory law and statutory enactments are all right, properly administered. But in the hands of a republican whiskey "machine" with the governor belonging to the Elks, a liquor fraternity; a confessed defaulter as state treasurer; a United states senator under indictment for bribery; officials from the state house to every county in complicity with the whiskey rebels, it will not be enforced. The liquor men and joint keepers subscribe large sums to campaigns with the tacit, implied or open understanding of immunity from prosecution and punishment on the part of candidates and officials. This has been going from bad to worse for twenty years.

Yet the law is so plain that he who runs may read. How many ever saw it in print. The revised statutes of Kansas, 1901, Article 14, Section 2462, reads: "It shall be the duty of all sheriffs, police officers, constables, mayors, marshals, police judges and police officers of any city or town, having notice or knowledge of any violation of the provisions of this act to notify the county attorney of the fact of such violation and to furnish him names of witnesses within his knowledge by which such violation can be proven. If any such officer shall fail to comply with the provisions of this section, he shall, upon conviction, be fined in any sum not less than $100 or more than $500, and such conviction shall be a forfeiture of the office held by such person, and the court before whom such conviction is had shall, in addition to the imposition fine aforesaid, order and adjudge the forfeiture of his said office. For a failure or neglect of official duty in the enforcement of this act, any of the city or county officers herein referred to may be removed by civil action."

Also Article 6, Section 2212, says: "Any officer of the state or of any county, city, district or towns.h.i.+p, after his election or appointment, and either before or after he shall have qualified or entered upon his official duties, who shall accept or receive any money or the loan of any money, or any real or personal property, or any pecuniary or other personal advantage, present or prospective, under the agreement or understanding that his vote, opinion, judgment or action shall be thereby influenced, or as a reward for having given or withheld any vote, opinion or judgment in any matter before him in his official capacity, or having wrongfully done or omitted to do any official act, shall be punished by a fine of not less than $200 nor more than $1,000, or by imprisonment for not less than one year nor more than seven years in the penitentiary at hard labor, or both such fine and imprisonment at the direction of the court."

Enforce the statute and thousands of officials in Kansas would soon be behind prison bars. When the officiary administrative of any government become corrupt, it is on the highway to disruption and ruin. Greece and Rome are notable examples. The sworn government report is that nearly eighteen gallons of liquor to every man, woman and child, is consumed by Uncle Sam's subjects every twelve months. This republic cannot long survive half sober and half drunk. The immortal Abraham Lincoln in a speech at Springfield, Ill., Feb. 22nd, 1842 said: "Turn now to the temperance revolution. In it we shall find a stronger bondage broken, a viler slavery manumitted, a greater tyrant deposed--in it, more of want supplied, more disease healed, more sorrow a.s.suaged. By it, no orphans starving, no widows weeping; by it, none wounded in feeling, none injured in interest. And what a n.o.ble ally this to the cause of political freedom! With such an aid, its march cannot fail to be on and on, until every son of earth shall drink in rich fruition the sorrow-quenching draughts of perfect liberty! And when the victory shall be complete-- when there shall be neither a slave nor a drunkard on the earth--how proud the t.i.tle of that LAND which may truly claim to be the birthplace of and the cradle of both those revolutions that shall have ended in that victory! How n.o.bly distinguished that people who shall have planted and nurtured to maturity both the political and moral freedom of their species!"

William Windom, when Secretary of the U. S. Treasury under the Arthur administration, said: "Considered socially, financially, politically or morally, the licensed liquor traffic is, or ought to be, the overshadowing issue in American politics, and the destruction of this iniquity stands first on the calendar of the world's progress."

By Bible authority and by the common law of our land I have proved to the satisfaction of all who will see the right, that I am a loyal American, a loving Home Defender, doing the will of Him whom I serve and whose I am.

CHAPTER XI.

MY TRIAL FOR DIVORCE.--THE LICENSED RUM TRAFFIC THE CAUSE OF SO MANY DIVORCES.--DIFFERENT TIMES AND PLACES I HAVE BEEN IN JAIL.--AT THE CAPITAL OF CALIFORNIA.--WIDE OPEN TREASON.--AT THE UNIVERSITY OF TEXAS.--WOOLLEY CLUB AT ANN ARBOR, MICHIGAN.--CATHOLIC PRIEST AND CIGARETTES.

Mr. Nation brought suit for divorce against me while I was in jail.

I was very much astonished at it, for I never thought that our disagreement would result in his desiring a divorce. We had lived together twenty-four years, and while we could not agree, I never wanted a divorce. His pet.i.tion stated the reason for this was "extreme cruelty and desertion." He sued for all the property and wanted the court to have me pay for the cost of the trial. I shall always believe he was induced to do this by the republicans, thinking to hinder my work.

The people of Medicine Lodge were shocked at this, for they knew I had been faithful to my duties as a wife, up to the time I went to Wichita, and when I went to Topeka I told Mr. Nation if he would stay there with me, I would pay his board and room rent, which I did. He came to Topeka and the first thing that he took offense at was my objecting to his opening my mail, for when he did I never saw a dollar sent for a subscription and sometimes would find parts of letters destroyed.

On the day of the trial, Mr. Nation could not produce a witness to prove I was other than kind, except the affidavit of a man who could neither read nor write. Mr. Nation wrote out what he wanted this man to swear to, and the man signed it, for he could just write his name.

This man was in Oklahoma at the time, My neighbors came of their own accord and testified to my having done my cooking and housework; frequently cooking meals and taking them to Mr. Nation, who was still in bed. Judge Gillette, the same man who was on the bench in my slander suit presided. Mr. Nation did not get his divorce because of my "extreme cruelty," but because I testified that I could not, nor would never live with him as a wife. I could not. I was very much grieved to bear this reproach, of a divorced wife. I made my home during the trial with my dear friend, Mrs. Judge Howe, who is still living, and she knows how bitter this was to me.

The home was given me, and the divorce and a small piece of property in Medicine Lodge to Mr. Nation. I shortly after sold this home for $800. It was part of the payment for "Home for Drunkards' Wives" in Kansas City. It was as I expected, a means used by my enemies to hinder me in my work. I was blamed for the divorce. It was said, "I broke up a home." That if I was in a good work I would not do these things.

And while delivering my lectures, it was often called out; "Why don't you go back to your husband? No wonder he got a divorce from you," and all such sayings. But I learned to expect and was prepared for such treatment.

We hear, "A woman's place is at home." That is true, but what and where is home. Not the walls of a house. Not furniture, food or clothes.

Home is where the heart is, where our loved ones are. If my son is in a drinking place, my place is there. If my daughter, or the daughter of any one else, my family or any other family is in trouble, my place is there. That woman would be selfish or cowardly who would refuse to leave her home to relieve suffering or trouble. Jesus said, "Go out into the highways and hedges." He said this to women, as well as men.

If the women of Galilee had not left their homes they would not have followed Jesus. If Phoebe had not left her home, she would not have gone on the business of the church to Jerusalem. We would have no woman missionaries--Women now, are forced to go out to save the homes.

D. L. Moody once said, and which I hardly understood at the time: "When a wife knew that the man that should be her husband was unfaithful and corrupt, she was as bad as he if she lived with him." I have thought much of the meaning of husband. He is one who is a man who provides and cares for his family, as much as it is in his power to do, but when he refuses and will not do this, he breaks his marriage vow and becomes his wife's enemy. A husband is not an enemy. This will place many women in the roll of living with men who are not their husbands, and this is so. I do not favor divorce, but it is better to separate, than bring up children of drunkards or licentious fathers. There is nothing which is making so much enmity between the s.e.xes as intoxicating drink. This is the cause of so many divorces. Men who go into saloons generally visit houses of prost.i.tution. The women they meet there have been deceived and lost their self respect, become discouraged because men have made them their victims through treachery and in turn these women revenge themselves by taking all means to drag these men down. Prost.i.tutes do not like men; they often hate them. The man who goes there generally loses respect for the virtues of women, and from a.s.sociating with bad women they judge other women to be vile. These men hate the very women they go to see. Married men who drink are bad husbands, for they deceive their wives, who soon find it out; and the husbands and wives cannot be happy. A woman leaves all others for one man and she wishes his society. In the evening the clubs and drinking places take up men's time when their families should have it. These things destroy love and confidence between husbands and wives. 'Tis not all men's fault, for there are some drinking women.

A man came to me just before I went on the stage at Newport, and said: "Carry Nation, step aside here, I must speak to you. I am in so much trouble. Give me some advice. My wife is at home drunk; she is that way most of the time. We have six children and they feel disgraced.

What can I do? I am almost wild."

I asked: "Did you ever drink with your wife?"

He looked confused. I said: "Women do not usually go to saloons but you men bring it home and use it on the table and women are just as apt to catch the disease of alcoholism as men. This may be the way your wife learned to be a drunkard. Wives have been nursing their drunken husbands for years; now the chickens have come home to roost, and you are nursing your drunken wives."

Poor man! He, indeed, seemed distracted; and he is not alone, there are hundreds of cases.

I met a lovely creature on the train, who had been married a few months. Her husband was a lumber merchant in Chicago. She sat by me and told me her sad story. She had been a poor girl and dearly loved a man whose mother opposed the match and prevented the marriage.