Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1890-07-05
The WHISKY WAR.


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 letter
to Attorney-General Kellogg instruct
ing him to appear before the Circuit
Court OF the United States and repre-
sent the State OF Kansas in the original
r" 'kage cases.
After reviewing the business from its
inception, Mr.. Welch 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 sheriff
have been restrained from inssituting
or serving any legal proceedings against
them.
Acknowledging the receipt Of the
letter from Prosecuting Attorney WEIGH
the Governor. after br ehy reviewing it,
In ordering the Attorney-General to
represent the State, says:
AS understand IL the pretense for these
extraordinary proceedings In the r. dcral
courts Is the recent decision OF Judge Cald-
well disch 'rging 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 have
no personal knowledge Of the proceedings
in the Circuit Court of the United States,
understand that there has heen no final
trial In the state couri; that only
| q preliminary showing has been made;
that these parties had violated the
State laws. On the strength or
this preliminary showing warrants for their
arrest had been issued, the arrests made
and the parties held to bal They chose to
20 to jail and then caused habras corpus
proceedings to be instituted In the Circuit
Court Of the United States; and that court
proceeded to determine the question OF thoir
guilt or innocence, on the merits, and dis.
charged them because Of a want of evidence
tending 10 show their guilt. state 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 nu!sances under our
State laws. I 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 II 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
lind when and where such power was
claimed or exerc sed Can IL be possible
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 n county Mt.
torney, IL 10 incumbent upon him to inquire
whether or not Intoxicating liquor Is being
sold In this state In violation Of law. Recog.
niz ing she right of the distiller to introduce
his manufactured spirits into the State,
the question still remains whether or not
II Is introduced In original packages;
whether the sale of such introduced liquor
Is made In the original pack ge; whether or
not under the prctense of sale in original
packages he IL not conducting tipping
shop; whether or not he Is selling as the
agent OF foreign principal or on his own
account, and q thousand kindred questions
that may arise under the existing state Of
fIcts. Dlsclaiming 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, / insist
that those privileges must not be used to
any greater extent than the express terms
OF 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 rum
hole.
4, L. nlatN ahn hn hold " eUNnk
jud cial methods and remedies should be
exhausted before we surrender the contest.
The assertion of the Federal courts Of the
possession Of such power, and OF their
right to exercise such Jurisdiction, Is
fraught with so many serious conse-
Quences, and invokes such vast inter-
ests that It 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 ut which the public con-
science will revolt. Ardent spirits or intox-
icating liqu rs OF every kind have been the
constant subject of local regulat ion and con-
troll in every civilized Government on the
face OF the earth since history gives
any account of its manufacture down
to the present time. There Is not single
State or Territory In this Union but
has local laws ulrecteu against ltS manu-
facture and use or regulating Its sale and
use. Restriction, too, upon its introduction
into every country is common to all Govern
ments. 1t Is one OF the recognize evils Of
the world and legislation TO suppress Il. to
control 1t, to tax and license Il and to lessen
Its evil effects has been the constant effort
of law makers throughout the civilized
globe for centuries.
The force and vigor of this tudic decision
has, according to its advocates, made whls-
Ky at once the most precious and most "a
credly guarded of all the articles of com.
merce the WOrll ever knew. Tney now pro.
pose to go one step further, indeed, hut one
more step Is needed-and to say that NO Law
officer OF any State In this Union shall
investigate whether or not It 10 being sold In
violation OF local laws; that IL Is an article
Of commerce whose manufacture and sale Is
above and beyond the control OF the law