Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1890-05-10
THE DECISIONS EFFECT.

Attorney General Kellogg Writes slgn'h
cant Letter ON the Eject OF the Original
Package DeolsiOn.
TOPEKA, Kan, May 5.-AttOrney- Cen
eral L. b. Kellogg has addressed q let
ter to Assistant Acknowledgement Leaby,
Of Hays City, in which he discusses the
effect OF the original package decision
on the Prohibitory laws Of Kansas, and
charges his assistant to be faithful and
prosecute whenever an opportunity pre-
sents itself, but he acknowledges the
right to sell in the original package.
This will unquestionably have the effect
of at once establishing agencies in all
the larger towns 1t Is stated that
big brewing company Of St Louis has
purchased grounds in Wichita and wall
locate distributing depot there. Fol-
lowing is the Acknowledgements letter:
Hon. j. Z. Leaby. Assistant Attorncy-Gener'
al. HAYS City, KAN:
Dear Sir: 1 am duly In receipt OF your very
full and satisfactory report OF the "a In.
slant concern ng the present condition OF
the enforcement of the ProhiDitory law In
your county
The decision OF the United states Supreme
Court Is adverse to the cause Of temperance.
II will prove rs far reaching In us effects
and as disastrous to the license STATE as to
the prob ibition States. 1t goes TO the extent
OF authorizing the single sale of each
original package Of imported liquors by the
importer in any State regardless of the law
of the State licensing, regulating or prohiD'
lting the sale OF intoxicating liquors, but It
goes no further than this. 1t nullines our
Prohibitory law only rs to the one sale by
the importer, and in making this sale IN the
exact form in which II was imported.
The original package as apnlled TO oot-
tied beer, wine or whisky In cascs, Darrcis
or boxes would be the original case, burrel
or box and would not amply to the indiv'd'
ual bottles of liquor contained IN tneni' no
matter how perfectly and securely the Dot
ties were corl1ed and sealed up.
The moment any of the Intoxicating liquor
should be- taken cut Of the original package
It and all the remaining liquor In the orig
inal package would become subject to our
Prohibltory law aud can not thereafter be
sold either BY the importer or any one else
except under the provisions OF our ProhiD-
Itcry law and By druggists having permit
The decision is a damaging blow to the en-
forcement OF Prohibition; but it does not
authorize the opening OF saloons In Kansas
Il has no effect whatever upon our FRO
by the Importer of the original package All
persons who violate the Prohibitory law ex-
cept in this one particular are subject to mr.
rest and punishment the same now as before
this decision.
The people OF Kansas are In no mood to be
trified with ut the beheSt OF the whisky
power. Violators OF the Prohibitory law
will be as sternly dealt with as before the
rendering OF this decieion.
Public sentiment in this Nation will speed
lily demand from Congress the correction OF
the evil that will be wrought by this decision
of the Supreme Court.
Congress has the power to right the wrong
inflicted upon the people by This decision.
! like the sentiment contained In your let
ter. that VIC must meet the issue as becomes
our manhood. The people OF Kansas are &C.
customed to do this. They do not propose
to have the laws trampled upon which they
have enacted to protect the home from the
| saloon.
Rut they propose to 60 about the business
| Of doing away with the effect OF this decision
! In q decent law abiding and orderly man.
ner. Congress will be called upon to exer.
else Its proper power and enact a suitable
| law to correct the evil OF this decision.
lbelieve that such action OF ongress may
be looked for soon; there ought to be no de-
lay whatever.
Meanwhile II Is your duty and mine and
that Of every other officer charged with any
responsibility regarding the enforcement OF
| the Prohibltory law, to be active and vigil
| liant In the performance OF our duties under
the law. The 'jointkeeper," the "bootleg-
ger" and the "agent" will still md difficulty
| In pursuing their callings in Kansas. Yours
respectfully, J. Is. KELLOGG
Attorney General.