The sun., 1890-06-02
COMFORT FOR SALOON MEN.
UNCLE SIMS COURT HELPS THEM OUT
or 4 TOPEKA JAN

Released on Writ OF HnbeaS Corpns
After Kansas Had Arrested Them-ro-
peka Temperance Folks ANGRY. hut They
WIN Worry Original Package Vender-.
TOPEKA, Kan, Juno 1.-The state and Fed-
eral authorities have come to a clash in KAN
sas. Proceeding under the section OF the state
law defining public nuisances and iorbidding
the salo OF liluor to minors and habtual
drinkers, tho county attorney caused the ar
rest OF six original package vcnders on Thurs
day, and Judge Guthrie sent them to Jail, and
ordered the establishments closed
The attorneys for the prisoners went before
Judge Foster of the United statcs Court, who
Immediately issued writs of habcas corrus,
which were served at once on tho Sheriff This
otllcer acting under tho advice OF tho County
Attorney took advantage Of tho law giving a
sheriff three DAYS in which TO make his return
on the writ.
Tho prisoners were, therefore. obliged to re-
main in jail from Thursday until this after
noon. when they were taken before Judge Fos-
ter, who released them uudcr bond OF $500
each to appear in his court.
Tho Judge announced his intention OF look
ing into the merits Of the original package de-
cision and tho relation it bears to the state
enactmcnts. and will render decision after
sufficient examination has been made.
In the mean time the county officials say
huoS Will CtHllIuo HlthIuE dlTeSlS unueT inc
state law and imprsoning offenders until tho
business OF liquor selling is made extremely
cNpensiye and hazardous in Topeka The
County Attorney denies tho right OF the United
States District Court to interfere in these
prosecutions. lie says:
Tho Constitution says the States must not
Interfere with Interstate commerce. but it
does not say liquor must be sold These liquor
right to prooct their own bdmesp me- peTpde and f have
lies. and, in the absence of any statute law on
the subject, they nave natural right to use
CompI4int was filed yesterday against
Charles Jackbeck, package dealer. who was
day; Jackteck opened business this week
with stock OF over two thousand original
iiS IS the agent OF tho ~ chandieP n dif' Bottina
Company Of Kansas City, and he has
srnna ne dTihoy M sIn III @SsS I'd
the half pint size is the smallest packages yet
introduced in Topeka. Jockbeck's place was
80 crowded with customers at the time the
pnpers were served on him that the Sheriff had
difficulty in sa!n}Iess@inG ,!}I s5 through
the city where sufficient evidence has not &C.
eeumu!ated 10 warranc an arrest The dealers
legged rights and carry the cases to the highest
court. The Prohibtionists are determined
0'' law is S pfovdsG by Jaw conRress nRF 'G@ai ana
are very indignant over the presence
puhe sentnen Of hs a OF
has double leaIod editorial urging tho local
officers TO prosecute offenders regardless Of
the supreme Court decision. 1t says:
These agents game TO Kansas to break down
the good work Of years. and to build defense
for the open saloon which their Kansas sup
porters. the. ,resuhmissionists. are trying TO
make possible. The saloon knows no law.
human or divine. except force II obeys no
OF men or Courts that does not
menace it with tho county Jail. The man
who sells liquor over a counter. whether under
! he Guse OF an original package agent bar
keeper. or the sneaking proprietor Of sub:
terranean Joint, Is an enemy to the good
order OF every. community. Don't mako
any mistake and resort to mob law, but
but these scoundrels on the wheel
OF the law and break their backs with
continual prosecution. Stand by your county
attorneys. your SherifTs. and Judges. Go into
the contest to remain in i until no agent will
dare to open house for the sale OF liquor In
any sized package The people of Kansas have
no war t9nlake upon the 'ni,ed States Supreme
Court. Congress will take care OF that. Your
business is to take care Of our own affairs here
In the state and to enforce the statute laws we
have that will reach these agents. their pro-
Irrrietors or the men who rent them buildings.
The temperance people of Kansas should
stand shoulder to shoulder and drive these
border rufilans from Missouri out OF the State.