The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-06-27
ORIGINAL PACKAGES.

ORIGINAL PACKAGES.
A KANSAS COURT SAYS THEIR
SALE ls LEGAL.
Decision Of Jsdss Caldwell in tie aabsas
Corpus Cases ffon Topeka and eallaa,
Kansas - Notice Of IN Appeal - the
United States Supreme Coure.
The long looked for decision In the or.
igtnal package habeas corpus cases from
Topeka and Sslina hes just besn delivered
IN the United States circuit court BY Judge
Caldwell, as Leavenworth. The decision
releases the eleven petitioners from custody
aud announces The fact chat liquor can b
sold In this state in original packages,
whether large u small.
After the decision had been delivered, Q
notice that an appeal to the United States
supreme court would be taken was 6led.
Tho decision in fnll 90 delivered By
Judge Caldwell is as follows:
Eleven different persons have sepA-
rately petitioned this cou,t for writs OF
habeas corpus to relieve them from alleged
imprisonment In violation OF the constitu.
ton OF the United states. The cases were
heard together, and, while there is some
difference In the minor details, the material
and controlling facts are the same in all
cases. Prosecutions were instituted against
the petitioners, charging them With selling
liquor In violation of the laws Of this
state. They were arrested, and failing to
give bail. we're committed, ard there
upon filed their petitions In this
court. alleging that they were inn
prisoned in violation Of the con-
stitution Of the United States, in
sirtue Of criminal prosecutions com
menced against them in the state courts Of
Kansas for selling liquor in that state in
alleged violation Of its constitution and
laws; that the liquor. for the selling OF
which they were prosecuted and impris-
oned, was shipped by it's owners, who were
citizens and residents Of the state OF Mis-.
souri,, from that state into this state and
sold by the petitioners as agents of such
shippers and importers in the original
packages in which II was shipped by it's
owners into this state; that they sold
liquor in no other manner and that. SO far
as the constitution and laws Of the state
make such sale of liquor . crime, they are
in conflict With the commerce clause OF
the constitution Of the Uaited States, and
void.
THE uncontradicted evidence supports
the allegations of the petitions, namely,
that certain persons and firms residing end
doing business in the state of Missouri,
owned and shippedfrom that state into this
state distilled liquors and beer, and that
the petitioners, as agents for sail shippers
and importers, sold said liquors in this
state in the original packages in which it
was shipped into the state by its owners.
and sold liquor IN no other manner. With
an exception not material to be considered
in this case. the constitution and laws OF
this state make it a crime for any personto
sell liquor in this state.
"The constitution and laws Of the state
make no distinction between the importer
who sells in original packages and one
who sells in broken packages OF by the
glass. The law inficts the same penalty
on both. Every question Of law raised in
these cases has been decided by the SUI
preme court Of the United States. That
court in s rsccct decision says: ardent
Spirits, distilled liquors, ale and beer are
subjects Of exchange, barter and
traffic, like other commodities; that
the right of traffic exists and is
so recognized by the ussges of the
commercial world, the laws Of congress and
the decisions OF courts Is not denied.
Being thus articles Of commerce, can .
state, in the absence Of legislation on the
part of congress, prohibit their importation
from abroad or from q sister state, or when
imported. prohibit their sale BY importers9
These questions that court answered in
the negative and that answer is conclusive
in this and all other courts in this country"
The court. referring to the laws OF Iowa
which, like the laws Of this state, make it
unlawful for the importer to sell, said:
The plaintiffs in error are citizens of
Illinois, are not pharmacists and have no
permit, brt import into Iowa beer which
they sell in original packages, Is described.
Under the decision in Bowman vs. the
Chicago Railway company they had the
right to import this beer into that state
and they had the right to sell it, by which
act alone il would become mingled in the
common mass Of property within the state.
Up to that point Of time We held that in
the absence Of congressional permission to
do so the state had no power to
interfere by seizure OF any other action
in prohibition OF the importation or
sale BY the foreign or nonresident i'm.
porter. The legislation in question is to
the extent indicated repugnant to the third
clause Of section 8 Of article 1 Of the
United States. II was then no ofense for
these petitioners to sell liquor in the orig
inal packages. agents for the nonresident
importers and owners having q right to
make such sales under the constitution Of
the United States, as construed by the SUI
preme court of the United States. Any
imprisonment Of them for doing that act
is, in the language Of the habeas corpus
act, Sin violation OF the constitution Of the
United States and illegal and this court
has the jurisdiction and il is made its duty
to discharge any person 90 illegally held in
custody"
CHOLERA IN MADRID.
II IL Spreading at an Alarming Rate-Nine.
ty-0ne Cases Reported
Much alarm 10 occasioned by the SON.
tinued spreado Of cholera ct Sulla de Rugat.
The authorities are making q strong fort
to stamp out the disease, but 80 fer have
been unsuccessful. New cases arc
reported daily. Sunday there vere