Telegram-herald., 1890-06-04

Z -+At-rf -lr r~-L-- - 80 - T. , 1e
nnsag Duol5c agls@nses and EorpaediEz
the sac OF hquor - min0rs and habit
Cal drinkers. tle coalEy attorney At
Iopeka eaused tle sTrssI of az 0Tixizzal
package hggseksepsrs on THURSDAY
.ast, aad Judge Guthrie seat them =
ial and ordered tas establishments
elCsed
The attorneys Tor the prisoners went
before Judge Foster. of the United
states Court, sh0 Immediately issusd
wits of haDeas corpus, which were
served sE once on the snenff. Tbs on
Ger, acting uafes tbs aiyics OF the
&C ATTY attorney, took advantage OF the
laT gung a snsnf thee days n
wn'en - make his return on the wit
The prisoners we're therefore Obliged 20
remain Ia jail from THURSDAY until sun
day aftsrnoons when tary were TAKEN
before Judge Foster, who released them
unasE hOud of 500 each 20 appear ia
court The Judge announced his Inten-
ton ot looking INTO the merits Of the
original package decision and the rela-
ton lt bears - tne state enaetments,
and wIll render a decisson after sufh-
clent examination has been made.
/ Ia the meantime the county officials
say they vii continue making arrests
under the state law and imprsoning
offenders until the business OF hquOr
selling Is made extremely expensive and
Hazardous IN Topeka. The county at
torney denies the right Of the United
states District Cour, to interfere in the
I premises. He Gays:
The original package dealers are
rot aere because there IS not any posi-
Die law permitting them. IL is only be
cause or the absence OF any law on the
| subject. Ine constitution SAYS the
state must not interfere with inter
| state commerce, but Il does not saw
| liquor must he sold. These liquor
/ stores are public nuisances. The peO-
pie have a right 20 protect their own
homes and families, and 10 the absence
OF any statute law on the subject they
have natural right 20 use force"
Complaint was filed later against
Charles Jackbeck, a package dealer
who was not included in the list of ar
rests on Thursday. Jackbeck had
opened business with stock of over
1000 original packages of various sizes
and descriptions. as the agent of the NJ.
Chandler Bottling Company, of Kansas
City. lie had one brand of whisky put
up in pastebOard boxes fastened with
cotton string, which, in the half-pint
size, IS the smallest packages yet intro
duced in Topeka.
| Jackbeck's place was so crowded
with customers at the time the papers
were served on him that the sheriff had
-siifhculty in squeezing through. Sales
are still being made at other places in
the city, where sufficient evidence has
not accumulated to warrant an arrest.
The dealers have formed a comhlna-
ton 20 find their rights and carry the
cases 70 the highest courts.
The Prohibitionists, on the other
haad, are determined to enforce the
state law until some new law Is pro-
vided by Congress, and are very ;ndig-
uant over the presence of the Kansas
City agents in defiance of the public
sentiment of the community. The
Daily Capital, the temperance party's
organ, came out with q doublo-lesded
editorial urging the local officers to
prosecute offenders regardless of the
Supreme Court decision. It said:
These agents come 70 Kansas TO
break down the good work of years and
TO build n defense for the open saloon
which their Kansas supporters, the re-
I sutmssiO iOnists, are trying 10 make pos
s.b.e. The saloon knows 10 law, human
/ or divine. except force. II obeys no
[ mandate OF man or court that does not
menace 70 with the county lau. The
7 man who sells liquor over a counter,
whether under the guise of an original
package agent, a barkeeper or the
sneakng proprietor OF = subterranean
JOINT, IS an enemy 20 the good order Of
every community. Don't make any
mistake and resort 20 mob law, bat put
these sC0undrels on the wheel OF the
Iaw and break their hacks with
your county attorneys, sherifFs,
and your judges. Gro into the
contest ~ remain in il until no
agent vii dare TO open house for the
sale of hquor in any size package. The
people 0f Kansas have no war TO make
upon the United states Supreme Court.
Congress will take care Of that. Your
! business "a n take care Of our own sf-
fairs here in the state. and 70 enforce
the statute laws We have that will reach
these agents. their prOpuetors or the
men Who rent them buildings. The
temperance people of Kansas should
stand shoulder 20 shoulder and drive
these border ruffaos from Missouri out
OF the state. -
As the public sentiment in Topeka j:
strongly in favor Of prohibition, the
people there should contest, legally and
pesceably. every inch Of ground 10 fav
or Of their state regulations. The aet
tatrou VII the sooner result in sppro.
pirate action by Congress, which wi
dedne the powers Of tie states in tAe
premises.
as the case cited by our correspondent
q concerned. after considering all the
: points both legsl and moral we car
see no Just cause for complaint
WHvv Mus, of Texas. walls out
ha. etbe protective tariff 3 ruinine