Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1890-07-03
KELLOGG INSTRUCTED.

/
| Fey's Letter.
TOPEKA, Kan, June 3O.-In response
to letter from Prosecuting Attorney
K. b. Welch, of Shawnee County, Gov
ernor Humphrey has directed letter
tc Attorney-General 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 efy reviewing it,
in ordering the Attorney-General to
represent the State, says:
As l understand it the pretense for these
extraordinary proceedings in the Federal
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
itory 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
a 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 cid to bal 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 det' rmine the question of their
guilt or innocence, on the merits, and dis
charged them because of want of evidence
tending to show their guilt. 1 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. / unders land that one of the
CbIects, 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 remark :blr that if the Federal courts
possess the pow er 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
ind when and where such q power was
claimed or exerc sed. Can it be possible
that the State courts can be controlled by
the Federal judiciary in this manner? If
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 dstiller to introduce
his manufactured spirits into the State,
the question still remains whether or not
1t is introduced in original packages;
whether the sale of such introduced liquor
is made in the original package; whether or
not under the pretense of sale in original
packages he is not conducting tippling
shop; whether or not he is selling as the
agent of foreign principal or on his own
account, and 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 oircum-
stances will these venders OF the forbidden
article be permitted under the guise OF
mandate of the court to convert a place of
commercial barter and exchange into rum
hole.
This claim should be boldly met and all
judicial methods and remedies should be
exhausted before we surrender the contest.
The assertion of the Federal courts of the
possession of such q 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, il will be invoked on other
occasions to fasten upon the people of the
State many things at which the public oon-
science will revolt. Ardent spirits or intox-
icatfng liquors of every kind have been the
constant subject of local regulation and con-
troll In every civilized Government on che
face OF the earth since history gives
any account of its manufacture down
to the present time. There Is not single
State or Territory in this Union but
has local laws directed against its manu-
facture and use or regulating its sale and
use. Restriction, too, upon Its Introduction
into every country is common to all Govern
ments. 1t Is one of the recognized evils Of |
the world and legislation to suppress It to |
control 1t. to tax and license 1t 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 onoe the most precious and most sa- |
eredly guarded of all the articles of COM |
merce the world ever knew. They now pro- /
pose to 60 one step further, indeed, but one |
more step is needed-and to say that no law |
Of Rfo&4 F1 TnTn oh.ll
investigate whether or not it is being sold in |
violation of local laws; that It 10 an article
of commerce whose manufacture and sale "a |
above and beyond the control Of the Law
making power of the State. II this is sound i
as to whisky, which for ages has been SUBJ
tect 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, pollute the morals end
offend the nostrils of a helpless people.
Cholera was reported increasing In
Spain.
King Humbert, of Italy, has dissolved
the Municipal Council OF Rome.
Three distinct shocks of earthquake
were felt at Santa Rosa, Cal, on the
D9th.
Sells Bros. & Barrett's circus tent was
blown over and some other damage done
at York, Neb., by sudden storm.
Fire in the large wall paper factory of
Jardine & Co, Railway, n. J., caused a
loss Of S1Oo, 600; partly covered by insur-
snce.
European financial matters were quiet
turing the week ended June 2S In
London American securities were de-
pressed III