Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-05-08
The DECISIONS EFFEcT.
Attorney-Generai Kellogg writes signln-
cant Letter ON the Effect OF the Original
Package Decision.

cant Letter on the Eject of the Original
Package Decision.
TOPEKA, Kan, May Attorney
eral l.. II. Kellogg has addressed let
ter TO Assistant Attorney-General Leaby,
Of Hays City, In which he discusses the
| effect OF the original package decision
on the Prohibitory laws of Kansas and
charges his assistant TO be faithful and
prosecute whenever an opportunity pre-
sents itself, but he acknowledges the
right 70 sell in the original package.
This viii unquestionably have the effect
Of at once establishing agencies in all
the larger towns. Ii is stated that a
big brewing company OF St Louis has
purchased grounds in Wichita and will
locate distributing depot there. Fol-
lowing is the Attorney-General's letter:
Hon. J. Q. Leaby. Assistant Attorney Gener-
al. Hays City, KAN
Dear Sir am duly In receipt OF your very
full and satisfactory report Of the "a I'm
slant concerning the present condition Of
the enforcement OF the Prohibitory law In
your county
The decision OF the United Sta tes Supreme
Court is adverse 10 the cause OF temperance.
II will prove as fir reaching In its effects
and as dlsas strous 70 the license States as to
the prob ibtion states II goes to the extent
Of authorizing the single sale OF each
original package Of imported liquors by the
Importer In any State regardless OF the law
Of the State licensing, regulating or pfohib-
iting the sale OF Intoxicating liquors, but II
goes no further than this. IL nuliiiies our
Prohibltory law only as TO the one sale by
fhc importer, and in making this sale In the
exact form In which IL was imported.
The original package as applied to bot
Lad Ea4nF Ina h Ia haFr Ia
or boxes would be the original case, barrel
or box and would not apply to the indiv.d-
ual bottles of liquor contained In them, no
matter how perfectly and securely the bot
ties were corked and sealed up.
The moment any of the Intoxicating liquor
should be taken cut of the original package
ii and all the remaining liquor In the orig
nal package would become subject TO our
Prob ibitory law and can not thereafter be
sold either by the importer or any one else
except under the provisions OF our Prohib-
itory law and by druggists having permit.
The decision Is IA damaging blow to the en-
forcement OF Prohibition. but It does not
authorize the opening Of saloons IN Kansas.
II has no effeut whatever upon our Pro
hibltory law except to permit the one sale
by the importer of the original package All
persons who violate the Prohibitory law ex-
cept In this one particular are subject to ar
rest and punishment the same now as before
The people OF Kansas are 10 no mood TO he
trified with at the behest OF the whisky
power vtolators OF the pfohibitory law
will be sternly dealt with before the
rendering OF this declelon.
Public sentiment in this Nation viii speed
lly demand from Congress the correction of
the evil that will be wrought by this decision
Of ihe supreme Court. .. Z.
Congress has the power to right the wrong
inflicted upon the people by his decision
like the sentiment eenta ned In your let
ter, that we must meet the issue as becomes
our manhood, The people OF Kansas are ac-
eustomod 70 DO this They do not propose
10 have the laws trampled upon which they
have enacted to protect the home from the
saloon.
But they propose to go about the business
OF doing away with the effect OF this decision
in decent law abiding and orderly man.
ner. Congress VIII be called upon 10 exer-
else It's proper power and enact suitable
law TO correct the evll OF this decision.
believe Il at such action Of ougress may
be looked for soon there ought to be no de-
lay whatever
Meanwhile II is your duty and mine and
that OF every other officer charged with any
responsibility regarding the enforcement OF
the Prob ibitory law, to be active and vigil. 4
liant In the performance OF our duties under I
the law. The "jointkeeper," the bootleg
GER and the agent" Will still ind difiicuty /
In pursuing their callings In Kansas, Yours
respectfully l. H. KELLOGG,