I was very successful and made enough money to pay $125 a month to have my SMASHER'S MAIL published in the form of a magazine, but having no one in Topeka that could edit the magazine, doing justice to me, I returned and closed the business.
CHAPTER X.
LEGAL STATUS OF PROHIBITION AND JOINT SMASHING,
The very highest judicial authority, the Supreme Court of the Nation, has made a most radical ruling, towit: "No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. Government is organized with a view to their preservation and cannot divest itself of the power to provide for them."—101 U. S. 816.
No state, therefore, can license or legalize immorality, vice or crime.
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 institutions, 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.