The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1890-10-24
WILL HAVE WHISK Y
Judges Decide the Wilson Bill Does
Not Restore Prohibitory Law.
Original Packages Reign.-Crentes
sensatton Saloon Doors
Wide Open.

TofEhA, Kan:I Oct is.lThe 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 fled yesterday morning in
the Office OF the United States circuit
court elerh. The decision was written
last week while Judge Phillips rat
with Judge Foster in the hearing.
Judge Foster wrote the decision and
the connection Of Judge Foster with it
was only nominal. After 1t was
written it IVES sent to Judge Phillips at
Kansas City, for his examination and
concurrence and was taken to Leayan-;
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 one Charles Rohrer, an original pack.
age agent of this city, for q writ OF
habeas corpus releasing him from the
Shawnee county Jail, where he had been
confined pending trial, on d 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 Welch, of Shawnee county
made two points prominent In the argu.
ments of the case before the court, viz:
I. That the Wilson bill is constitu-
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 re-en-
acted.
In deciding the application the court
does not consider the first question, tho
constitutiohality Of the Wilson bill, but
Considers the second question only,
!. e., wherein the Kansas prohibitory
law, as far as it effects the original
package, is effective. In brief, the
court holds that the prohibitory law in
80 far as it effects original packagesis Is
imperative and can only be made oper-
ative by re-enactment by the Kansas
legislature.
The state has given notice of It's ap.
peal to the supreme court Of the United
States.
Tho following is the closing opinion
OF the court, which in full, is very long:
"lf the constitutionality of the Will
son bill is to be upheld upon the theory
as claimed by its advocates in tho
debate in the senate of the United
States, and in the Argument at this
nearing, 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 be considered
subjects OF commerce., should
thereafter be excluded from
its jurisdiction under the commercial
clause Of the constitution, and the
traffic in Intoxicating liquors should be
classified and remitted to the subjects
within the police power of the state.
Such 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 for the first time and alone
from the enactment of the Wilson
bill. Until the state passes a law
forbidding such traffic it has never exer-
cised the power. call it what you may,
lodged in it by congress. From this
conclusion we see no logical escape.
The operation and scope of the criminal
laws should not be enlarged by implica-
tions, but they should be strictly CON
strued, and where there is any we'll
founded doubt as to any act being pub
lie offense, especially one not malicious,
1t should not be declared such, but
Should rather be construed in favor of
the liberty Of the citizen. 1t follows
that the petitioner is entitled to be dis
charged, and it is accordingly 80 or
dered."
The decision created great sensa-
tion in this city. Already original
package houses are being opened, and it
is hard to foretell the future.