Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1890-07-10
THE WHISKY WAR.


Governor Humphrey Instructs the Aesss'
Original Package Cases-The Power
Claimed BY the Federal Courts 10 Ffaught
With Serious CONSCIOUSNESS.
TOPEKA, Kan, June 30.-In response
to letter from Prosecuting Attorney
R B. WEIGH, of Shawnee County, Gov
ernor Humphrey has directed a letter
to 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.. WEIGH in his letter calls
attention to Judge Ca1dwell'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 sher1n
have been restrained from instituting
er serving any legal proceedings against
them.
Acknowledging the receipt of the
letter from Prosecuting Attorney WEIGH
the Governor. after briefly reviewing it,
in ordering the Attorney-General to
represent the State, says:
AS understand it the pretense for these
courts is the recent decision of Judge Cald-
well dfsch srging 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, Il
understand that there has been no hnal
| trial In the State court; that only
| 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. 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
It is remarkable that if the Federal courts
possess the power to restrain the law officers
| of the State from an investigation as to
| whether 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 q power was
| clainaed or exerc sed Can 1t 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.
sks understand the duties of a county at
| torney, it is incumbent upon him to inquire
| hot ho~ nr n nf inf a "a in q
| sold in this State in violation of law. Recog
| MIXING the right of the distiller to INTRODUCES
| mis- manufactured spirits into the State,
| Che question still remains whether not
| it is introduced in original packages |;
| whether the sale of such introduced liquor
| lis made in the original package: whether or
| mot under the pretense of a sale in original
| packages he is not conducting tipping
| shop; whether or not he is selling as the
| agent OF foreign principal on his own
| account, and a 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 mast not be used to
| any greater extent than the express terms
of the decision Justify, and under n circum-
| stances will these vendors of the forbidden
| article be permitted under the guise of a
| mandate of the court te convert a place of
| commercial barter and exchange into a 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 Ske Federal courts OF the
| possession OF such power, and of their
| right to exercise -such Jurisdiction. IL
fraught with so many serious conse-
| Quences, ana invUkes such vast inter
| ests that it is our Ebounden duty to light
| for home rIhe in every form. II this
| extraordinary power.can be exercised in be-
| half of whisky, 1t will be invoked on other
| occasions to fasten upon the people OF tho
| State many things at which the public COR
| science will revolt. Ardent spirits OF futCx-
| icatng liquors of every kind have been the
| constant suaI cot of local regulation aEdcon-
| troll in every civilized Government ON the
| face OF the earth since history gives
| any account sof dts manufacture dewn
to the present time. There is not q 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, pom its introduction
/ into every country il common to all Govern
| ments. 1t is one of the recognize evils Of
the world ant legislation to suppress 1T to
control it, tobex and license it and to lessen
its evil eneotssi1as been the constant effort
! of law makers throughout the civilized
/ globe for &C Dsucies.
The force amts vigor ofthis jud icial decision,
has, accordinstSo its adv coates, made wills
Ky at once the most precious and most ga
credly guardeU of all the articles Of COM
meroe the world ever know. They now pro-
pose to go oneeeep furAA er, indeed, but one
more step Is mesded-anG to say tn at no law
officer of any State in this Union shall
investigate Whfhaefor nst it 10 being sold In
violation of booae. laws; Glat it is an srticle
OF commerce Whose mans facture and sale is
| above and beyoe,d the control of the law
making power,of the State. If this is sound
as to whisky. vsikch for ages has been cub
| 1ect to local laws, it ougk. to be stronger
when applied tG.ell other articles Of soOm-
merce whose manufacture, protection and
use have never Gssn subjeeG to State raeula-
ton, and hence at2e State can be flooded with
impure cOmme1oia1 articles which xsauld
4 affect the health, pollute the morals and
offend the nostrfasCf helpless people.
Denver DissatisG ed.
DENVER, Col, AIne 29.1There is eSeat
dissatisfaction here over the way the
census in the city has been taaaen.
Complaints are innumeraiole and it is
asserted that through the negligence 81
tie enumerators the city has been
cheated oIt of from 10, 600 10 25, 600 pas-
pie. Governor Cooper, with other lead
ing citizens will esll NEE ting TO or
GAME for the purpose of having the
city gone over again.
Notes ON tho Heat.
.GFCAGO Guno 22-9z,hore "a M siUva