The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1890-07-25
EnJolNED.


Further Proceedings Against Package
AGENTS Stopped Opinion OF Judge Phil
fps-Judge Foster Concur@
ioFEKA, Kan. July 1.-Two decis-
ions by Judge Philips, of the United
States Federal Court of Missouri, in the
original package cases were filed at
three O'Clock yesterday afternoon
The first opinion, covering twenty
i've pages of type writing, is in the
cases OF bernard Tuchpan against r
B. WEIGH, county attorney, and of
Lands Hount against the same. Tuch-
man Is the agent of the Anheuser-
Busch Brewing Association of St Louis,
Mo-, and Yount is the agent of the Jo-
seph Schlitz Brewing Association of
Milwaukee, Wis The facts which led
to this litigation are briefly these: The
brewing companies shipped large guam
titles of beer to their agents at To-
peka, who were also non-residents.
of the State. For selling this beer
in the original packages in which
they were shipped the agents were ar
rested under criminal prosecutions for
violating the local Prohibitory law of
the State. At the same time the county
attorney filed petitions against them in
the local district court to have their
places OF business declared a nuisance
and the agents enjoined from further
using the houses. On these petitions
the judge of the court made an order of
| injunction, without any bond of indem-
nifty being required of the county at
torney or the State and without any no
tice to the agents or the brewing COM
panies Tuchman and Yount thereupon
applied to the United States Circuit Court
! for release under tho writ of habeas
corpus and, on hearing before Judge
Caldwell, United States Circuit Judge,
they were discharged from arrest on
the ground that under the recent de-
cision of the Supreme Court in the
Iowa case the brewing companies had
right to import beer into the State
and the agents had the right to sell the
same in the original packages in which
they came and that the agents had not
| otherwise sold beer. The county attor-
ney threatening to continue to so prose-
cute the agents and to have them ar
rested in the State court for violating
the order of injunction therein granted
| by resuming business as heretofore
after their discharge by Judge Caldwell
they filed their bill in equity in. the
United States Circuit Court, charging
that the purpose of WEIGH was to so
harass and annoy the agents by having
them arrested for contempt as to pre-
vent them from pursuing their lawful
business and destroy the same and ask
ing to have him en;oined therefrom.
The Acknowledgement of the State ap-
peared and demurred to this bill Judge
| Philips by order of the Circuit Judge
sat with Judge Foster in the hearing of
these cases and wrote the opinion
The opinion invokes the Four.
teenth amendment, which declares that
no State shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United
States; nor shall any State deprive any
person of life, liberty Or property with
out due process of law, nor deny to any
person within its jurisdiction the
equal protection of the law.
While this amendment had its
inception in the purpose to secure to
the freedmen of the South the full en-
joyment of their freedom and rights, as
has been repeatedly held by h CHEST au-
thority the generality of the language
used extends the protect on of its pro-
visions to persons of every race and
color and condition against the hostile
State action of any kind.
ga most earnest appeal" the opinion
concludes, sis made by respondent tc
this court to leave unmolested the
officers of the State in this controversy
to proceed to the customary channels OF
the State courts, leaving the petitioner
his remedy. after final decision in the
court of last resort in the State, of appeal
ing to the United States Supreme Court.
We sensibly recognize the Importance Of
the rule of comfy invoked as essen
tia1 to the preservation OF the harmony
and peaceful operations between the
courts of the two jur. sdictions. But
feel sure that in the coming time of dis
passionate consideration and calmer re.
Election, when the feverish excitement
of popular local sentiment shall give
way to reason and a broader National
spirit, tho intelligence and patriotism
of counsel will pronounce Judgment fol-
his constituents acquitting the Federal
judiciary in this controversy of the i'm
putation of unduly interfering when
they are executing the high behests OF
the Federal Constitution. Is it Not
rather the respondent and his abettors
who should recognize the rule of comfy:
The Supreme Court of the United States
has declared so much of the law oil
Kansas as prohibits the impor
tation of liquors, etc, into
the State and therein in the original
packages as unconstitutional. The
United States Circuit Judge, in obedi
ence to his oath of Office, has reaffirmeG
and applied that decision to these prose
cutions. Until Congress shall inter
pose and confer upon the State the righ
to regulate this matter. loyalty to the
supreme law of the land, and the obliga
ton of good citizenship demand tina
the State and it's ministerial officers
should forbear to provoke the occasion
for the Federal judiciary to assert theil
Jurisdiction to see that the Federal Con
stitution is recogn. zed and obeyed. TIL.
most august thing in government is Law
and the highest duty of citizenship il
obedience to and respect for the law
My opinion is that sufficient appears t.
entitle the petitioner to the temporary
writ of injunction"
Judge Foster concurred in thu
opinion.
Fated Fifteen.
KANSAS CITY, Mo, July 17.-It wa
announced yesterday on the best of au
thoritY that between now and August