The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-01-15

neglect to comply with them by any rail
| road company. and that in proceedings
brought for that purpose the findings and
| decisions of the board should he made
prima facie evidence of the duty and obll-
| cation of the company in respect TO the
| matter decided.
In addition to these recommendations
for further legislation in respect to the
powers of the board, deem ii expedient to
| call attention to another provision, which,
if enacted would increase its useful func-
tions In the transportation OF goods and
merchandise over railroads, claims fire.
| uuentIy arise against carriers for damages
occasioned by loss or injury to the goods
| en- route When the goods are carried
| over two or more roads, each road being
| independently responsible only for such
damages as may have occurred upon its
own line, it is frequently difficult for the
shipper to locate the liability. Moreover,
the amount and value of the greater part
| of this class OF claims is not sufficient to
| justify expensive litigation for their re-
covery. 1t would be a source OF aid and
relief to shippers if the board of railroad
commissioners were authorized to enter
tain complaints of this character, TO lnves-
/ tigate the same and make written lind
! ings thereon, and to advise the parties of
| the nature of the same, and to notify the
railroad company found to be IN fault, OF
J the reparation which they consider 1t just
| to make to the shipper Further, that
unless such claims shall be settled in ac-
cordance with such findings, the same
shall be held, in legal proceedings brought
to recover said claims, prima facie evil
dence of the liability of the company found
! to be in fault.
It will be understood that it would not
be competent to invest final jurisdiction in
the board as to these and many other
matters involving property rlghts, IN
which each party is entitled TO due pro-
cess Of law, unless It's character were
changed so as TO constitute it a court sub
ject to the technical rules OF law which
govern those tribunals.
Its effectiveness largely consists in the
fact that it may pursue Investigations
without formality in any part Of the state,
either upon its own motion or upon com
plant; this it could not do II 1t were
court.
Believing that these several recon-
mendations, if carried out by appropriate
legislation, would materially increase the
usefulness of the board and promote the
interests of the people, they are submitted
for your consideration.
PROHIBITION.
During the past year the cause of pro
hibition has been assaulted from new dl-
rection. The so-called Original package"
decision of the supreme court OF the United
States, promulgated in April. 1890, was
severe and unexpected blow at our prohlb-
itory legislation, denying, as it did, the
power of the state to prevent the lmpOrUa-
tion of intoxicating liquors from sister
state and the sale thereof in unbroken
original packages.
The sudden invasion of the state by
liquor dealers from abroad, and the set
ting pof Original package" houses; the
profound feeling produced among our peo-
pie, and the litigation that ensued-all
this, together with the final relief which
came from congressional action, is very
fully recited in the report of Attorney Cen
eral Kellogg, who merits special conf
mendation for the fidelity and ability with
which he performed the duties and extra
labOrs imposed upon him In this en-
ergency.
On the Sth of August, 1890, the Wilson
hill passed congress and became Il law. In
'ief, it sub sects intoxicating liquors
tr insported into a state for sale, TO the OPP
Grafton of the laws of such state, whether
in original packages or otherwise. This
act was hailed and regarded at first as
fortunate and final settlement of the
vexed question. But the Wilson law was
soon to be challenged. One Rahrer, agent
of IA Missouri liquor house, having been
arrested after the passage of the act of
congress in question, and charged with
selling liquor in original packages, In To
peka. in violation of the constitution aud
laws of Kansas, made application to the
United States court for A writ of habeaS
corpus On the hearing before Hon. &. &.
Foster, Judge of the United States court
for the district of Kansas, Attorney Gen
eral Kellogg and X. B. Welch, Esq, coun-
ty attorney for Shawnee county, appeared
for the state And after very full argu-
ment the prisoner was discharged, the
court holding that our prohlbltory law
must he Te-enacted to make 1t cover sales
in original packages. An appeal from this
decision on the part of the state has been
perfected. and the case is now pending in
the supreme court of the United States.
Since the decision in the Rahrer case
was rendered the same question has been
presented. in q habeas corpus proceeding
originating in Iowa under the prohibitoTy
law of that state, before Hon. Henry {.
Caldwell presiding Judge of the United
States circuit court The decision was eX-
actly the reverse of that in the Rahrer
case, Judge Caldwell holding the Wilson
law constitutional. and that no re-enacJ-
ment of the prohibitory law Is necessary.
This latter decision settles the law of the
case, so far as it has been determined, and
until the supreme court of the United
States shall have passed upon the question
in the case now pending.
The attorney general has succeeded in
having the case advanced on the docket,
and il is hoped that determination of it
may be had during your present session,
so that legislative action can be taken at
once, if rendered necessary by the anticipa-
ted decision.
The Original package" business. at
best odious and repugnant TO our consti-
tuition and laws, rapidly degenerated into
a revolving exhibition of the dehumaniZ-
ing character of the liquor traffic in what
ever form; and the radical temperance
sentiment of the state was undoubtedly
materially strengthened and solidifed by
the whisky invasion and the violent and
prolonged agitation of the people which
followed.
The statements OF the county attorneys
of the state, as published in the report of
the attorney general, show that temper
ance legislation is being generally en-
| forced; and it may be added that despite
the desperate assault upon prohibition dur
! ing the past year, it still stands firmly en-
/ trenched as the policy of the state. and
sustained by the judgment of a large
majority of the people.
POLICE COMMISSIONERS.
| The change made by the legislature Of
! 1889 in the law relating 10 the police gov
erument of cities of the first class seemed
| to contemplate a uniform application of
! the metropolitan police system. and ac-
I cordingly a board OF commissioners was
appointed for each city of that class in the
state Reports from all the boards are on
/ file in the executive Office. though not re-
/ quIred by law, and hence not printed
/ They concur, however in the statement
/ that the police affairs of these cities are
! conducted more economically V and Efficient
/ ~ under the commissioners thus appoint
I ed than they were under the old plan
/ Where harmony has prevailed between the
! commissioners and the city authorities the
/ superiority OF the metropolitan police sys-
! tenn over the former one has been especi-
! ally manifested; and on the whole the ac-
/ tion OF the legislature in the matter has
4 been vindicated by experience