Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1890-07-12
CAPITAL NOTES.
Governor Humphrey. Letter.

L
lows to the attorney general:
Hon. L. B. Kellogg. Attorney Central.
Ny DEAR SIR:-I am in receipt of Letter
from R. B. WEIGH. Esq, county attorney of
Shawnee county, herewith enclosed, in which
he states that certain actions have been COM
menced by nonresident wholesale WHISKY
dealers, doing business in Kansas City, Mo-,
in the circuit court of the United States, for
the district of Kansas, to restrain him as
county attorney from the performance of
some of the duties enjoined upon him by the
laws of the state of Kansas. Also, that GER
| tam other nonresident whisky dealers have
commenced actions in the same tribunal,
| seeking to restrain him and also the sheriff Of
Shawnee county from the performance Of
duties enjoined upon them by the laws of our
state.
As understand, the pretense for these ex-
traordinary proceedings in the federal courts
is the recent decision of Judge Caldwell dis
| charging certain persons who were held IN
custody under the authority of our state
courts, for the violation of the prohibitory
law of Kansas. While have no knowledge
| of the proceedings in the circuit court OF the
| United States, / understand that there had
been no final trial in the state court; that
only preliminary showing had been made
| that these parties had violated the state law.
| On the strength of this preliminary showing,
warrants for their arrest had been issued, the
arrests made, and the parties held to Dali.
| They chose to 90 to Jail and then caused
| habeas corpus proceedings to be instituted in
the circuit court of the United States; and
| that court proceeded to determine the Ques-
ton of their guilt or innocence on their mer-
its. and discharged them because of a want
of evidence tending to show their guilt. !
state these facts without comment.
Simultaneous with the arrest of these par
ties. civil proceedings were commenced in the
district court of Shawnee county, seeking to
have adjudications that their places of bust
ness were nuisances under our state laws. |
understand that one of the objects, if not the
main one, of these original package men is
to have the federal court restrain the state
court from any further proceedings in these
civil actions
1t is remarkable that if the federal courts
possess the power to restrain the law officers
of the state from an investigation as to
whether or not the laws of the state have
been violated, the saloon element is the first
to involate the exercise of this extraordinary
authority. l have searched the pages of the
judicial history of tins country in vain to find
when and where such power was claimed or
exercised. Can it be possible that the state
courts can be controlled by the federal judi
ciary in this manner? If they can, we might
as well dispense with our local judicial sys-
tenn.
As understand the duties of county at
torney, it is incumbent upon him to enquire
whether or not intoxicating liquor is being
sold in this state in violation of law. Recog-
nizing the right of the distiller to introduce
his manufactured spirits into the state, the
question still remains whether or not it is in
troduced in original packages; whether the
sale of such introduced liquor is made in the
original package; whether or not, under the
pretense of a sale in original packages he is
not conducting tippling shop; whether or
not he is selling as the agent of a foreign
principal or on his own account, and thou
sand kindred questions that may arise under
the existing state of facts. Disclaiming any
purpose to interfere with any one or all of
the rights given the agent for the sale of
original packages under the recent supreme
court decision, l insist that these privileges
must not be used to any greater extent than
the express terms of the decision Justify: and
under no circumstances will these vendors of
the forbidden article be permitted under the
guise of mandate of the court to convert a
place of commercial barter and exchange in
to a rum hole.
This claim should be boldly met and all ju-
dlcial methods and remedies should be ex-
hausted before we surrender the contest. The
assertion of the federal courts of the posses
sion of such power and of their right to ex-
ercise such jurisdiction, is fraught with so
many serious consequences and involves such |
vast interests that it is our bounden duty to |
fight for home rule in every form. If this |
extraordinary power can be exercised in be- |
half of whisky, it will be invoked on other |
occasions to fasten upon the people of the |
state many things at which the public con- |
science will revolt.
Ardent spirits or intoxicating liquors of |
any kind have been the constant subject of |
,lo&,<
government on the face of the earth, since |
history gives any account of its manufacture |
down to the present moment. There is not |
single state or territory in this union but has
local laws directed against its manufacture |
and use or regulating its sale and use. Re
striction, too, upon its introduction into
every country is common to all governments.
1t is one of the recognized evils of the world,
and legislation to suppress it, to control it, to
tax and license it, and to lessen its evil eff
fects has been the constant effort of law
makers throughout the civilized globe for
centuries.
The force and vigor of this judicial dec-
sion has, according to its advocates, made
whisky at once the most precious and the
most sacredly guarded OF all the articles of
commerce the world ever knew. They now
propose to go one step farther Cindeed, but
one more step is needed), and say that no
law officer of any state in this union shall in
violation of local laws; that it is an article of
commerce whose manufacture and sale is
above and beyond the control of the law
making power of the states. If this is sound
as to whisky, which for ages has been subject
to local law. it ought TO be stronger when APP
piled to all other articles of commerce whose
manufacture, production, and use have never
been subject to state regulations; and, hence,
The state can be flooded with impure COM
merclal articles which would affect the
health, pollute the morals, and offend the
nostrils of a helpless people.
have an abiding conviction that the fed
eral courts do not possess the power to re.
strain the law officers of the state from in
veStigating in the usual manner whether or
not the laws of the state have been violated.
never will believe it until compelled to do
so by the solemn Judgment of that court Of
last resort which has the power to so adjudge.
Hence deem it my duty to direct you, and
It is your duty without direction, to appear
before the honorable circuit court of the
United States for the district of Kansas, and .