The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1890-07-11
THE WHISKY WAR.

ney-General to Appear For the State In
Original Package Cause.-The Power
Claimed By the Federal Courts IL Fraugh
With Serious Consequences
TOPEKA, Kan, June 30.-In response
TO letter from Prosecuting Attorney
r B. Welch, of Shawnee County, Gov
ernor Humphrey has directed a 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.. WEIGH 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 sherih
have been restrained from instituting
CT 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-Gener to
represent the State, says:
As understand it the pretense for these
extraordinary proceedings in the Federal
courts is the recent decision of Judge Cald-
well dischSrging certain persons who were
held in custody under the authority of our
State courts for the violation of the Prohlb-
itory Liquor laws of Kansas. While l have
no personal knowledge OF the proceedings
in the Circuit Court of the United states, I
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 held to bail They chose to
go to Jail and then caused habeas corpus
proceedings to be Instituted in the Circuis
Court OF the United States; and that court
proceeded to determine the question OF their
guilt or inn cence, on the merits, and dis
charged them because of want of evil ence
tending 20 show their guilt Estate 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. 1 understand that one of the
objects, II 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 if 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
-. To-, a. 4. h Il.
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 distiIler to introduce
his manufactured spirits into the State,
the question still remains whether or not
IL is introduced in original packages
whether the sale of such introduced liquor
lie made in the original package; whether or
not under the pretense of a sale in origin al
packages he is not conducting a tipping
shop; whether or not he is selling as the
agent OF a foreign principal or on his own
account and a thousand kindred questions
that NAV arise under the existing state of
t'cts- Diselaiming 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, I insist
that those privileges must not be used to
any greater extent than the express terms
cf the decision justify, and under no circum-
stances will these vendors of the forbidden
article be permitted under the guise of a
mandate OF the court to convert a place Of
commercial barter and exchange into a rum
hole
This claim should be bold v 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 80 many serious conse-
eueRces, and iavokes such vast inter-
ests that ft is our bouuden 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-
trol in every civilized Governments on tho
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. It is one OF the recognized evils Of
the world and legislation to suppress it, to
control it, to tax and license il and to lessen
It's evil effects has been the constant effort
of law makers throughout the civilized
globe for centuries.
The force and Figor of this judicisl decision
has, according to hs advocates, made whfs-
ky at once the most precious and most ga
Greedy RuSrded of an the articles of COM
merce the world ever knew. They now pro-
pose to go one step further, indeed. but enc
more step is needed-and to say that no law
officer OF any State in this Union shall
Investigate whether or not IL is being sold In
violation of local laws, that it Is an article
ofcommerce whose manufacture and sale is
above and beyond TIE control of the ia1
making power of the State. II this is sound
as to whisky, which for ages has been sab
Sect TO local laws, t ought to be stronger
when applied to all other articles OF CON-
Ineree whose manufacture. protection and
use hsFe never been subject to State regula-
ton. and hence the State can be flooded with
impure commercial articles which would
affect the health, pelsnte the morals and
cfend the nostrils of q helpless people.
Denver Dissatisfied
DENVER, Col, June 2a.-There is great
dissatisfaction here over the way the
censrs in the city has been taken.
Complaints are innIaerable and Il ia
asserted that through the negligence Of
the eDumerstors the city has been
cheated out Of from 10, eco to q. 900 peo-