Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1890-10-23
Another INFAMOUS Decision.

Kansas, and Phillips of Missouri,
Federal Judges, decided that the pro-
hibitory law of Kansas was made of
no effect by the Supreme Court de-
cision on the Wilson Bill rendered
few weeks ago. The effect of this
last decision is that we have no law
on the subject, and that saloons can
now open and sell liquors till the
Legislature meets and passes new
laws or re-enacts the old law. The
Topeka Capital says the decision is
not good law, that the whole matter
was thoroughly canvassed at the time
of the passage of the Wilson Bill and
the ablest jurists said it would not re-
peal nor interfere with the existing
liquor law of Kansas. This view was
expressly stated by Senator Edmonds,
chairman of the senate Judiciary COM
mittee, and recognized everywhere as
one of the most eminent lawyers of
the country. Senator George of Mis-
sissippi, the ablest democratic lawyer
in the senate, conceded with Senator
Edmunds, in this view of the bill when
pending. Senator Wilson, who was
the author OF the bill, prepared 1t
with special reference to preserving
the power of the laws on this subject
in Iowa and Kansas, and among the
distinguished lawyers and jurists of
Iowa there is none superior to Sena-
tor Wilson. The bill was submitted
to Senators Ingalls, and Plumb and
by them to able legal gentlemen, and
the universal opinion was that the
laws of Iowa and Kansas upon the
question were in force and that no
additional legislation would be re-
quired under the Wilson bill, to place
the control of liquors within the laws
of these states.
The Capital further says that it
believes that most intelligent men
whether lawyers or not will accept
the legal judgment of Edmunds,
George and Wilson in preference to
that of Foster and Phillips. The re-
suit of the decision will be'to open up
the original package house nuisance
IN every community in Kansas, to
again plunge the counties into litiga-
ton and contest to down the cloven
footed evil which always finds in
Judge Fosters court a most willing
and over Jealous friend. The CAPT.
tai risks the judgment that the de-
cision of these Judicial friends of
whisky will be rebuked in the supreme
court, and the law upon which they
rest the decision will be pronounced
as.bad as the spirit Of the decision
which breaks down the safeguards of
society, violates the expressed wishes
of the people and panders to the
worst hummer element of every COM
munity This Infamous decision
should arouse every Temperate man
III Kansas to the Importance of his
duty in the coming election. There
is but one political party the people
can rely upon to protect the prohibi-
tory law and sustain the wishes of a
large majority of the people upon
this question, and that is the republi-
can party, whose utterances for ten
years have had no uncertain sound.
Judge Foster has proven himself
in the past ten years to be the firm
friend of the saloon. He does not
hesitate to use the power of his judic-
ial position to protect the interests OF
whisky. This decision was expected
to give new vigor to the democratic
party that stands pledged to reopen
the saloon. It is Judge Fosters con-
tribution to the campaign. It will
light the fires anew in the prohibition
alters all over Kansas. Let the pro-
hibition party now wheel into line,
and drop their useless organization
in this state, and ge- to work in earn
est for stalwart republican legisla-
ture and turn the Foster-PhilliPs
political whisky decision into a grand
victory for prohibition.
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