The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1890-07-09
THE WHISKY WAR.

0OveEnOf Humphrey 1natFucto the Alter
ney-GeneF.l to Appear For the State In
| original Psckago Cases-The Power
Claimed BY the Federal Courts u Efaught
| With Serious Consequences.
TOPEKA, Kan, June So.-In response
to letter from Prosecuting Attorney
K b. WEIGH, of Shawnee County, Gov
ernor Humphrey has directed letter
to Acknowledgement Kellogg instruct
ing him to appear before the Circuit
| Court OF the United States and repre-.
sent the State of Kansas in the original
package cases
After reviewing the business from its
inception, Mr.. Welch in his letter calls
attention to Judge Caldwell's decision
and the writs of habeas corpus that have
been issued. He then calls the Govern
or's attention to the fact that both the
prosecuting attorney and the sheriff
have been restrained from instituting
or serving any legal proceedings against
them.
Acknowledging the receipt Of the
letter from Prosecuting Attorney Welch
the Governor, after br.e fly reviewing it,
In ordering the Attorney-General to
| represent the State, says:
| As I understand it the pretense for these
extraordinary proceedings in the F, deral
courts is the recent decision Of Judge Cald-
well disch"rging certain persons who were
held in custody under the authority Of our
| State courts for the violation of the Prohib
ttory Liquor laws of Kansas. While have
no personal knowledge Of the proceedings
| in the Circuit Court of the United States,
understand that there has been no final
| trial in the State court; that only
| q preliminary showing has been made !;
that these parties had violated the
State laws. On the strength Of
this preliminary showing warrants for their
arrest had been Issued, the arrests made
and the parties held to bail They chose to
go 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 or innocence, on the merits, and dis
charged them because of a want of evidence
tending to show their guilt state these
facts without comment.
simultaneously with the arrest Of these
parties civil! proceedings were commenced
In the district court of Shawnee County
seeking to have adjudications that their
places of business were nuisances under our
State laws. l 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 il the Federal courts
possess the power to restrain the law officers
OF the State from an investigation as to
whether or not laws of the State have been
violated, the saloon element is the first to
invoke the exercise of this extraordinary
authority. have searched the pages of the
judicial history Of this country in vain to
find when and where such a power was
claimed or exerc sed. Can it be possible
that the State courts can be controlled by
the Federal judiciary in this manner? II
they can, We might as well dispense with
our local judicial system.
As understand the duties Of a county at.
torney, it is incumbent upon him to inquire
whether or not Intoxicating liquor Is being
sold in this State in violation of law. Recog
nizing the right of the distller to introduce
his manufactured spirits into the State,
the question still remains whether or not
It is introduced in original packages;
whether the sale of such introduced liquor
il made in the original package; whether or
not under the pretense Of a sale in origira
packages he is not conducting tipping
shop; whether or not he is ling as the
agent OF a foreign principal or on his own
account and q thousand kindred questions
that may arise under the existing state OF
facts. Disclaiming any purpose to interfere
with any one of all of the rights given the
agent for the sale OF original packages under
the recent Supreme Court decision, insist
that those privileges must not be used to
any greater extent than the express terms
of the decision justify, and under no circum-
stances will these vendors of the forbidden
article be permitted under the guise of
mandate of the court to convert place Of
commercial barter and exchange into a rum
hole.
This claim should be boldly met and all
Jude methods and remedies should be
exhausted before we surrender the contest.
The assertion of the Federal courts Of the
possession Of such a power, and of their
right to exercise such jurisdiction, is
fraught with SO many serious conse.
quences, and invokes such vast inter-
ests that It is our bounden duty to fight
for home rule in every form. II 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 intox-
icating liquors Of every kind have been the
constant subject of local regulation and con-
troll in every civilized Government on the
face Of the earth since history gives
any account Of its manufacture down
to the present time. There is not a single
State or Territory in this Union but
has local laws directed against its manu-.
use. Restriction, too, upon its Introduction
into every country Is common to all Govern
ments. 1t is one OF the recognize evils Of
the world and legislation to suppress it to
control it, to tax and license it and to lessen
its evil effects has been the constant effort
Of law makers throughout the civilized
globe for centuries.
The force and vigor Of this judicial decision
has, according to its advocates, made whis-
Ky at once the most precious and most sa.
credly guarded of all the articles Of com.
merce the world ever knew. They now pro.
pose to go one step further, indeed. but one
more step is needed-and to say that no law
officer OF any State in this Union shall
investigate whether or not it is being sold in
viola,i ion of local laws; that il Is an article
of commerce whose manufacture and sale is
above and beyond the contros of the law
making power of the State. If this is sound
as to whisky, which for ages has been SUBJ
ject TO local laws, it ought to be stronger
when applied to all other articles of COM
merce whose manufacture, protection and
use have never been subject to State regula-
tion, and hence the State can be flooded with
impure commercial articles which would
affect the health, polute the morals and
offend the nostrils of a helpless people.
Denver Dissatisfied.
DENVER, Col, June 29.-There is great
-