The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1890-07-03
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The action Of the United States
Circuit Court, Judge Foster presid.
ing issuing an order restraining the
county Officers from further prosecu-
ton Of original paekazs dealers, II
exciting unusual interest In Topeka
and throughout the state, a. u seems
10 present . conflict between the
Federal and State authorities.
County Attorney Welsh says thu, as
fast - he caused arrests 10 is made
the prisoners were released on habeas
corpus proceedings in the United
States Circuit Court, followed by
restraining orders to prevent sub. e.
quent arrests or Inquiry into the
business OF the original package
dealers. The County Attorney has
reported the matter 20 Gov. Hun
Phrey aud invoked the assistance Of
the State In apholding the State Law.
The Governor at once directed the
Attorney General 10 appear In the
United States Circuit Court and rep
resent the rights OF the State. In his
letter 10 the Attorney General Gov.
Humphrey says:
at In remarkable that II the Fed
ersl Courts possess the power 10 re-
strain the Law officers Of the State
from an investigation ~ To whether
or not the laws OF the State have
been violated, the saloon element is
the hrst 10 invoke the exercise Of
this extraordinary authority. I have
l'searehed the pages OF the judicial
history Of this country In vain 10 find
when and where such . power was
claimed or exercised. Tan u be pos-
sible that the State courts can he
controlled by the Federal judiciary
In this manner? 10 they eas. we
might n well dispense with our local
judiciary system. As I understand
the duties Of County Attorney, 10
IL Incumbent upon him to inquire
whether or net Intoxicating liquor IL
being sold In this State In violation
OF Law. Recognizing the right Of the
distiller TO Introduce his manufac-
tured spirits into the State, the ques-
ton still remains whether or not II
10 introduced In original packages;
whether the sale Of such introduced
liquor is made In the original pack
age or not, under the preienss Of .
sale In original packages, he IL not
conducting tipplinG shop, whether
or not he 10 selling as the agent OF .
foreign principal or on his own &C.
count, and Q thousand kindred ones
lions that may arise under the exist
ing state Of facts.
"Dlsclsiming any purpose to In.
tsrfere with any one or all OF the
rights given the agent for sale Of
original packages under the recent
Supreme Court decision, 7 insist that
these privileges must not be used to
any greater extent than the express
terms Of the decision justify, and
under no circumstances will these
vendors Of the forbidden article be
permitted under the guise Of man
date Of the Court to convert . place
Of commercial barter and exchange
into o rum hole, This claim should
be solidly met and all Judicial meth
DDS and remedies should be ex-
hausted before we surrender the
contest. The assumption Of the
Federal courts OF the possession Of
such . power and Of their right TO
exercise such Jurisdiction 10 frsught
with 20 many serious consequences
and involves such vast interests that
Il IL our bounden duty to fight for
home rule In every form. II this
extraordinary power can be exer-
elsed In behalf Of whisky Il will he
invoked on other occasions TO fasten
uPon the people OF the State many
things ct which the public conscience
will revolt. The force and vigur Of
this judicial decision has, according
10 its advocates, made whisky al
once the most precious and most
sacredly guarded Of ali the articles
Of commerce the world ever knew.
They now propose TO 60 one step
farther. indeed, but one step lie
needed, aud say that no law officer
Of any State In the Union shall In
vestigats whether or not u II being
sold In violation OF local laws, that
Il IL an article Of commerce, the man.
ufacture aud sale Of which are above
and beyond the control OF the law
making power Of the state. II this
Ii sound as TO whisky, which for
ages has been subject TO local law, u
ought to be stronger when applied
to all other articles Of commerce
whose manufacture, production and
use have never been subject TO State
regulations, and hence the State can
be flooded with impure commercial
articles which would affect health,
polluts the morals and offend the
Rostrils Of helpless people. I have
IN abiding conviction that the Fed
eral courts do not possess the power
10 restrain the law officers Of the
State from investigating In the usual
manner whether or not the laws Of
the State have been violated. I |
never will believe until compelled 10
do % BY the solemn judgment Of that
court Of last resort which has the
power 10 % sdjudge. Hence I deem
it my duty TO direct you, and Il 10
your duty without direction. TO ap-
pear before the honorable Circuit |
Court Of the United States for the
District Of Kansas and to represent
the State OF Kansas In this most i'm
portsnt question"
The several cases now pending In
the United States Court are set for
trial and Judge Foster having ex-
pressed desire not 10 sit In the
cases, Judge Caldwell has assigned
Judge John r. Phillips, Of the West.
srn District Of Missouri, 70 try both
The habeas corpus and the injune-
lIou enaes.