KANSAS. 



467 



and Harvey, 660,935. Seven counties raised 

 more than 400,000 bushels, viz. : Marion, 495,- 

 729; Ottawa, 481,280; Reno, 470,160; Eice, 

 428,520; Cherokee, 419,500; Labette, 405,- 

 080 ; and Lincoln, 401,555. 



Forty-two counties raised over 1,000,000 

 bushels of corn each, viz. : Sedgwick, 3,206,- 

 700; Sumner, 3,187,380; Butler, 2,988,420; 

 Oowley, 2,457,575 ; Jewell, 2,414,680 ; Brown, 

 2,885,050; Osage. 1,965,572; Nemaha, 1,939,- 

 756; Miami, 1,923,138; Lyon, 1,917,702; 

 Washington, 1,835,640; Republic, 1,806,340; 

 Labette,l,693,098; Marshall,l,692,140; Frank- 

 lin, 1,621,906; Wilson, 1,582,175; Doniphan, 

 1,510,560; Linn, 1,498,554; Bourbon, 1,498,- 

 020; McPherson, 1,492,942; Montgomery, 

 1,481,384; Smith, 1,393,616; Coffey, 1,338,- 

 736 ; Shawnee, 1,292,180 ; Johnson, 1,257,718 ; 

 Harvey, 1,158,027; Dickinson, 1,157,536; Pot- 

 tawatomie, 1,143,632; Greenwood, 1,129,625; 

 Anderson, 1,115,350 ; Leavenworth, 1,109,198 ; 

 Crawford, 1,094,475; Cherokee, 1,086,528; 

 Cloud, 1,077,835 ; Douglas, 1,075,225 ; Atch- 

 ison, 1,075,220: Mitchell, 1,064,258; Clay, 

 1,063,140; Neosho, 1,050,624; Marion, 1,027,- 

 532 ; Rice, 1,015,760 ; and Reno, 1,006,450. 



While the long-continued dry weather and 

 the armies of chinch-bugs did immense dam- 

 age to the crops of the State during 1881, 

 yet the value of $122,450,406.95 was divided 

 among the fanners. 



The permanent school fund on hand or in- 

 vested, drawing interest, amounted in 1880 to 

 $2,297,590. The approximate value of the to- 

 tal school fund of the State, reckoning lands 

 at the average price they have so far sold for, 

 is $11,815,519.20. 



The following school statistics are for the 

 year 1881 : Number of organized school dis- 

 tricts in the State, 6,322, an increase over 1880 

 of 188 ; total male children between five and 

 twenty-one years of age, 177,476 ; total female 

 children of the same ages, 169,316; whole num- 

 ber of children of school age, 346,792, an in- 

 crease over 1880 of 6,145 ; total school enroll- 

 ment, 249,034; total school attendance, 139,- 

 776. Total number of teachers in the State, 

 8,208; total number of male teachers, 3,544; 

 total number of female teachers, 4,664; total 

 average monthly salary paid male teachers in 

 the State, $30.21 ; do., female teachers, $23.77. 

 Average number of weeks of school within the 

 year per district, 23'7 ; total number of certifi- 

 cates issued within the year, 7,435. 



The State and municipal indebtedness in 

 1880 was as follows : 



State bonds outstanding $1,181,975 



County bonds outstanding 7,889,666 



County warrants 840,228 



Township bonds 2,228,579 



Township warrants 86,476 



City bonds 1,921,478 



City warrants 95,089 



School-district bonds 2,012,707 



School orders 29.161 



Total State and municipal debt $15,180,579 



The State has 80 organized counties, 67 of 

 which have railroads. Total miles of main- 



track of railroad in Kansas, 3,478.36 ; average 

 assessed value per mile, $5,149.82 ; total value 

 of main-track, $17,912,943. Total miles of 

 side-track, 274.75 ; average assessed value per 

 mile of side-track, $2,000 ; total value of side- 

 track, $551,750. Assessed value per mile of 

 rolling-stock, $892.10; total value of rolling- 

 stock, $3,103,045.89. Assessed value per mile 

 of tools and materials, $138.04; total value of 

 tools and materials, etc., $480,160.70. As- 

 sessed value of buildings, $624,100. Total val- 

 uation of all property, $22,671,999.59. Aver- 

 age valuation per mile upon all said property 

 inclusive, $6,578.01. There were built in the 

 State, between March 1, 1880, and March 1, 

 1881, 374 - 15 miles. The valuation of railroad 

 property is a little over one eighth of the total 

 taxable valuation of the State. 



In February the Supreme Court rendered a 

 decision holding that the prohibitory amend- 

 ment had been legally adopted. In June the 

 same court rendered an important decision in 

 several cases brought to test the force and scope 

 of the liquor law above set forth. The follow- 

 ing are the points of the decision : 



1. The Legislature has the power, under the Con- 

 stitution, to cast upon the person holding the office 

 of judge of the probate court the duty of issuing 

 permits or licenses for the sale of liquor, as provided 

 m chapter 128 of the laws of 1881. 



2. Said chapter 128, so far as it purports to regulate 

 the sale of liquor for medical and other purposes, is 

 not in conflict with the Constitution, because it re- 

 stricts the right to sell to druggists. 



3. While, in order to determine the true scope and 

 meaning of a statute, its letter is to be first examined 

 and considered, yet courts should also have regard to 

 the evil sought to be remedied, for that which is with- 

 irt the letter, though not within the spirit of the stat- 

 ute, is not, in legal contemplationj a part of it. 



4. The evil sought to be remedied by said chapter 

 128 is the use of intoxicating liquors as a beverage. 

 This purpose interprets the law. 



5. Whatever is generally and popularly known as 

 intoxicating liquor, such as whisky, brandy, gin, etc., 

 is within the prohibitions and regulations or the stat- 

 ute, and may oe so declared as matter of law by the 

 courts. 



6. Whatever, on the other hand, is generally and 

 popularly known as medicine, an article for the toilet, 

 or for culinary purposes, recognized, and the formula 

 for its preparation prescribed, in the United States 

 Dispensatoryj or like standard authority, and not 

 among the liquors ordinarily used as intoxicating 

 beverages such as tincture of" gentian, paregoric, bay- 

 rum, cologne, essence of lemon, etc. is without the 

 statute, and may be so declared as matter of law by 

 the courts, and this notwithstanding such articles 

 contain alcohol, and in fact and as charged may pro- 

 duce intoxication. 



7. As to articles intermediate these two classes, ar- 

 ticles not known to the United States Dispensatory 

 or other similar standard authority, compounds of in- 

 toxicating liquors with other ingredientSj whether put 

 up upon a single prescription and for a single case, or 

 compounded upon a given formula and sold under a 

 specific name as bitters, cordials, tonics, etc. , whether 

 they are within or without the statute, is a question of 

 fact for a jury and not of law for the court. The rule 

 or test is this : If the compound or preparation be 

 such that the distinctive character and effect of intox- 

 icating liquor is gone, that its use as an intoxicating 

 beverage is practically impossible by reason of the 

 other ingredients, then it is outside the statute. But 

 if, on the other hand, the intoxicating liquor remain 



