Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1890-11-01
JUDGE sHIRAs' OPINION.
Fostsr and Phillips Misstated the Points In
the Case at TOpeka-COurt Deci-
sIons Have Long Settled the
Rights Of the States.
The Wilson Bill Gives the State Full Power
The Law Has Been Operative Al
the While, and Was Not Killed
by the o. p. Decision

Dies MONIES, October 29.-The opinion de-
livered by Judge Shiras on the original pack
age question causes much comment among
members of the bar and the concensus Of
opinion is that his grounds are correct.
1t was evident that Judge ShIras was well
prepared to rule upon the question. He ex-
cused the attorney for the applicant from
citing authorities at length, saying he had
looked up all precedents bearing upon the
case.
His decision was given orally and without
Z moments hesitation. He said that, with
all due Difference to Judges Phillips and
Foster, he was bound to say that, in his
opinion, they had misstated the points in the
ease at Topeka. If there was any question
that was thoroughly settled by the decisions
Of the courts it is the absolute and unquali-
fed right of state to pass prohibitory laws.
That question has been forever settled. In
repeated cases, carried to the United States
supreme court, it had been held that Iowa
and Kansas in passing laws prohibiting the
sale of Intoxicating liquors had exercised
powers rightly belonging to them as sover-
eign states.
The original package decision by that
court didn't involve the validity of the Iowa
law. The question simply arose as to the
point at which the state had control of the
liquors imported into it. An officer acting
under the authority of the Iowa Law seized
some liquor in the hands of the importers
agent and the United States supreme court
held that the seizure was an interference with
the interstate commerce, subject which the
constitution delegates to congress alone.
Then congress. in the exercise of this con-
Stitutional power, passed the Wilson bill.
But that question did not affect the question
Of the sale of liquor in the original package.
1t simply made imported liquors subject to
the laws of a state from the time it entered
its borders. Under the laws, both of Iowa
and Kansas, the sale of liquors in original
packages or otherwise was q crime before
the Wilson bill was passed, but imported
liquors could not be seized because that was
an interference with the interstate COM
merce. The Wilson bill simply waves the
right of congress in this matter and gives the
state full power over the liquor from the
time it enters its territory. Therefore it is
not necessary that the Wilson bill should
work a revival of the Iowa law in order to
make that law operative. 1t has been opera
tive all the while. The only question was as
to the point where the liquor became subject
to the law, and the Wilson bill made it apply
to all liquors within the state, whether I'M
ported or not. And that is all there is of the
question.
In conclusion Judge Shiras said: ''The
prohibition law of Iowa is in full and COM
plete force to-day and applies to every sale
of liquor made within its purview, the deci-
sion of Judge Phillips to the contrary not
outstanding. The application for writ In
this case is discharged and the defendant is
continued in custody"
In the course of this ruling the Judge also
took occasion to say that he didn't believe in
these applications for wrlts of habeaS corpus
merely to secure a ruling from the federal
court which would reverse the findings of a
state court. Those writs were not intended
to operate as writs of error. If the defend
ant in an action in the state courts feels
aggrieved let him take an appeal to the higher
courts through the regular channel. This
original package question and the constitu-
tionality of the Wilson bill will eventually
reach the United States supreme court, and
he Judge Shiras) did not care to take the
responsibility of discharging prisoners con-
victed by the state courts when the highest
court might decide that they were rIghtfully
held. He added that he understood Judge
Caldwell was about to pass upon the question
at Little Rock, and if that decision should
be against the legality of the Kansas law he
(Shiras) would have TO bow to the wisdom
of his superior.