The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-07-05
Tho Original Package Decision Ie
tho Cause OF the
Clash.
Gov. Humphreys Explains the Pretense
for the Observation-Disclosures to
tho Attorney General

WAAt Va u0OoekS COxVU0 III tu0 OuASe0
States circuit court and releases obtained.
This method of procedure continued for
several days, and then Judge Foster Of the
circuit court issued an order restraining the
county officials from engaging in further
prosecutions Of dealers in original pack
ages, pending an investigation by the feder-
al court. II these habeas corpus and in
junction proceedings should succeed they
would effectually bar the state officers from
making any investigation or inquiry as to
whether the original package dealers are
violating any Of the criminal laws Of the
state.
The attention OF Gov. Humphrey was
called to the condition of affairs, and he
has directed the attorney general to appear
at the trial Of these cases in the United
States court tomorrow and represent the
rights of the state in the matter in contro-
versy. In his order to the attorney -gene1al
the governor says:
''ks I understand 1t, the pretense for
these extraordinary proceedings in the
federal courts is the recent decision of
Judge Caldwell, discharging certain per-
sons who were held in custody under the
authority Of our stetc courts for the viola
ton of the prohibitory liquor laws of
Kaneas.
'While have no personal knowledge Of
proceedings in the circuit court of the
United States, understand that there has
been no final trial in the state court; that
only preliminary showing has been made,
that these parties had violated state laws.
On the strength of this preliminary show
ing warrants for their arrests had been
issued, the arrests made and the parties
held to bail. 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 question Of their guilt o. in
because of q want Of evidence tending to
show the guilt, and simultaneous with the
arrest Of these parties civn proceedings
were commenced in the ,distrist court of
Shawnee county. seeking to have adjudica-
tions that their places of business were
nuisances under our state laws.
"Iunderstand 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 proceed
ings in these civil actions. It is remarka-
BILE that If the federal courts possess the
state from an investigation as to whether
or not the laws of the state have been VIC
lated, the saloon element is the first to in
woke the exercise of this extraordinary au-
thority. have searched the pages of
judicial history Of this country in vain to
or exercised. Can it be possible that the
state courts can be controlled by the feder-
al judiciary in this manner? II they can
we might as we'll dispense with our local
judicial system, 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.
81 insist that those privileges must not be
used to any greater extent than the express
terms of the decision justify and under no
circumstances will these venders Of the for
hidden article be permitted under the guise
of a mandate of the court to convert place
Of commercial barter and exchange into q
rum hole. This claim should be boldly met
and all judicial methods and remedies
should be exhausted before we surrender
the contest. The assumption of the federal
courts of the possession of such u power and
of their right to exercise such jurisdiction
is fraught with SO many serious conse-
quences and involves such vast interests,
that it is our bounden duty to fight for
home rule in every form.
IF this extraordinary rower can be ex-
ercised in behalf of whisky it will be in
voked on other occasions to fasten upon the
people of the state many things at which
the peoples conscience will revolt. The
force and vigor of this judicial decision
has, according to its advocates, made whis-
ky at once the most precious and sacredly
guarded OF all articles OF commerce the
world ever knew. They now propose to 90
one step further (indeed one more step Is
needed) and say that no law officer of any
state in the union shall investigate whether
or not it is being sold in violation of local
law. that it is an article of commerce whose
manufacture and sale are above and beyond
the control of the law-making power Of the
state.
IF this is sound as to whisky, which for
ages has been subject to local laws, it
ought to be stronger when applied to all
other articles of commerce whose manufac-
ture, production and use have never been
subject to state regulation, and since the
state can be flooded with impure CONNER
cial articles, which would affect the health,
pollute the morals and offend the nostrils
of a helpless people. have an abiding con-
viction that the federal courts do not pos
sess power to restrain the law officers in the
usual manner, whether or not the laws of
the state have been violated. 81
II will never believe it until compelled to
do so by the solemn Judgment of that court
of last resort which has the power to so
judge; hence deem it my duty to direct
you and it is your duty without direction to
appear before the United States court for
At A.