Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1890-10-25
WILL HAVE WHISKY
Judges Decide the Wilson Bill Does
Not Restore prohibitory Law.
Original Packages Reign-Creates
Sensation - SalooA Doors
Wide Open.

TOPEKA, Kan, Oct. ls.--The de.
cision Of the United States circuit court,
made by Judge John Phillips, OF Mis-.
souri,, and Judge c. Foster, OF this dis.
trict, was filed yesterday morning ii
the Office of the United States circuit
court clerk. The decision was written
last week while Judge Phillips sal
with Judge Foster in the hearing.
Judge Foster wroto the decision and
the connection Of Judge Foster with II
was only nominal. After IL was
written it was sent to Judge Phillips at
Kansas City, for his examination and
concurrence and was taken to Leaven.
worth yesterday by Judge Phillips and
was mailed to the United States circuit
court clerk, S. Harritt, last evening.
The case decided was the application
of n Charles Rohrer, an original pack
age agent of this city, for a writ OF
Shawnee county Jail, where no had been
confined pending trial, on a charge of
Of selling liquor in original packages.
After the passing OF the Wilson and
original package bills, the state, by At
torney-General Kellogg, and County
Attorney WEIGH, of Shawnee county,
made two points prominent in the argu-
ments of the case before the court, viz:
, /. That the Wilson bill is eonstitu-
%tional, because the supreme court has
pointed out in its original Iowa decision
that the remedy lay with congress.
2. That the Wilson bill being consti-
tutional, the Kansas prohibitory law is
effective and will not have to be ro-en-
acted.
In deciding the application the court
does not consider the first question, the
constitutionality of the Wilson bill, but
considers the second question only,
l.. O., wherein the Kansas prohibitory
law, as far IS it effects the original
package, is effective. In brief, the
court holds that the prohibitory law in
so far as it effects original packages Is
imperative and can only be made oper-
alive by re-enactment by the Kansas
legislature.
The state has given notice of It's APP
peal to the supreme court of the United
States.
Tho following is the closing opinion
Of the court, which in full, is very long.
vi the constitutionality of the Will
son bill is to be upheld upon tho theory
as claimed by its advocates in tho
debate in the senate of the United
States, and in the argument at this
hearing, that congress, in the exercise
of its power TO regulate commerce
among the states and with foreign ma
tions, simply decided or declared that
its jurisdiction should be confined to
certain subject matters of commerce.,
or that certain subject matters and
things, which may BIO considered
subjects Of commerce, should
thereafter be excluded from
its jurisdiction under the commercial
% the constitution, and the
traffic in Intoxicating liquors should be
classified and RENTED to the subjects
within the police power of the state.
Such a law, under every rule of the con-
stitution, must be prospective in its
operation, and it must be further con-
ceded that as the right of the state to
treat such an article of commerce as
subject to the laws passed by the state
In the exercise of the police power
comes Tor the hrst time n alone
from the enactment of the Wilson
bill. Until the state passes d law
.forbidding such traffic 1t has never exer-
cised the power, call it what you may,
lodged in il by congress. From this
we see no logical escape.
The operation and scope of the criminal
should not be enlarged by implica-
but they should be strictly con-
and whore there Is ANY %ell-'
doubt as to any act being a pub
lie offense, especially one not malicious.
II should not be declared such. but
should rather be construed in favor of
the liberty OF the citizen. 1t follows
the petitioner is entitled to be dis
and it is accordingly SO or
The decision created a great sensa-
ton in this city. Already original
package houses are being opened, and IL
.b hard to ~foretell the future.