Thomas County cat. [volume] (Colby, Kan.) 1885-1891, 1891-01-08
state and the sale thereof In unbroken orig

the litigation that enSued-all this, together
with the final relief which came from con
gressional action, is very fully recited IN
the report OF Attorney General kellogg,
who meIits special commendation for the
fidelity and ability with which he performed
the duties and extra labors imposed upon
him in this emergency
on the sth of August, 1890, the Wilson bin
passed congress and became a law In
brief, Il subjects intoxicating liquors. trans
ported into a state Tor sale to the operation
OF the laws OF such state. whether in orig
inal packages or otherwise. The act WAS
hailed AMI regarded a. first as q fortunate
and final settlement OF the yeXel question.
Bur the Wilson law was soon to be chal-
Ienged. One Rahrer, agent OF missouri
liquor house, having been arrested tlter
the passage Of the act of congress in cues
ton. and charged with selling liquor IN
original packages IN Topeka IN violation OF
the constitution and laws OF Kansas, mace
application to the nited States court Tor
wit OF kdbDdS corpus. ON the hearing be-
fore Hon. &. q. Foster judge or the Nl'eu
states district court for the district ofkensas
Attorney General Kellogg ana X t. NeICh'
Esq, county attorney for shawnee county,
appeared for the state. And after very full
argument the prisoner was discharged, the
court holding that our prOhibltOry law
must be re-enacted 10 make II cover sales IN
original packages. An appeal from this
decision on behalf of the state has been
perfected, and the case Is now pending III
the supreme court OF the United states.
since the decision IN the Rahrer case was
rendered the same question has been pre-
Stultt, III II NpIpuS pIDt'tuih-S
originating in Iowa under the prohibltory
law Of that state, before Hon. Henry L.
Caldwell, presiding judge or the nlted
states circuit court The decision was ex-
actly the reverse or that in the Rahrer case,
Judge Caldwell holding the wilson law con
StitutiOnaI, and that no re-cnactmunt OF
the prohiDltory law is necessary. THIS lat
ter decision settles the law OF the case, so
far as IL has been determined, ana until the
supreme court OF the United states shall
have passed upon the question In the case
NOW penGing
The attorney general has succeeded in
having the case advanced on the docket.
and IL Is hoped that determination OF II
may be had during your present session, 50
that IL giSiatlve act on can be taken at once,
If rendered necessary by the anticipated
decision.
The Original package business, Mt best
OdiOus and repugnant to our constitution
and laws, rapidly degenerated into a re-
voting exhibition OF the dehumaniZing
character Of the liquor traffic IN whatever
FORM; and the radical temperance Senti
ment OF the state was undoubtedly materi
ally strengthened and solidihed by the
whisky invasion and the violent and pro
lOrg"d agitation OF the people which fol-
lowed.
The statements OF the county attorneys OF
the state, as published in the report OF the
attorney general. show that temperance
legislation is being generally enforced and
ii may be added that despite the desperate
assault upon prohibition during the past
year, il still stands firmly entrenched as
the policy OF the state. and sustained by
the Judgment of a large majority OF the
people.
REVISION OF TIE LAWS.
The report OF the senate committees on re-
vision, created two years ago by resolution
OF that body, is in your haedS. BIS cover
Ing the several subjects considered are
likewise Submit ii. The report having
been very wisely given TO the public some
time ago through the press. no extended
reference thereto seems necessary here. 1t
Is. however, due TO say that the committee
has labored industrlously Ill the discharge
OF me task imposed upon II, and the results
OF its deliberations as reported are entitled
to your most earnest consideration. The
measures submitted are ali designed to pro-
mote economy and efficiency in tie tranSaC-
ton OF the business of the state, pdrttcu-
larry in the management of Its various in
NEUTRALITY-SUSPICIOUS. charitable and
penal.
Ihu comprehensive character of the report
IS indicated by the mere recital OF the sub
JeCfS embraced In the several measures.
They contemplate Il radical reduction IN
the amount anu cost OF pubic printing;
also, changes which Will work 2 mater a.
saving To the state In the mana cement Of
the peuitentiaTy on the suggestion OF those
IN charge Of that institution; the CONVEX
sion OF the State refOrmatOry at Hutc!sl-
SO" into an asylum for the insane, the cleo
ton OF railroad commissioners by the
people, the creation OF department or
agriculture In plErt q the present board,
wit. i secretary t. be elected by the PEG
pie, ana perform, IL addition TO his other
sipnerS uG forestry and silk culture. which
Offices aHc abolished; revision OF the law
governing the fees and salaries OF county
officers and n reduction OF the same
especially in tie more iopulouS counties;
reuppUEtCnmeut of t-e state for judicial
purposes. reducing IL" lumber OF districts,
the regulation Of banks ana banking, and
the creation OF bank commissioner. re-
vision Of the laws relating to the assess
meit and collection of taxes, TRANSFERRING
the soldiers home To the control OF the
h.4S al n - ht F-N ffn.r
present board IN charge of the home, Il re-
vision OF the laws relating TO Tie charitable
and educational institutions OF the state,
liking the pay of the trustee OF the former
at small salary and actual expenses: In
stead OF the present unfair plan % per diem
and mileage. and reducing the number OF
Ieg-nts OF the Normal school and Agricul-
tural college from seven to five each limit
Ing their pay Ia actual expenses; a reform
In the matter OF textbooks for common
schools, an important change IN the state
library ard Historical society; the creation
Of Il board Of public works 10 superinteud
the erection OF ali buildings OF the state;
the compilation or All the acts relating TO
st&i" of'ccTS, win some amendments
touching the fees ard compensation of the
auditor and secretary OF states including
the abolition OF number OF boards anu
officers.
GENEIAL RECOMMENDATIONS.
The following additional recommended.
tons are submitted. in many cases sug.
E"sled by tie reports uf the secretary of
IL.
tic reasons are l:IUre fully stated:
Amen Land EGlG tuE-ln l~s~ the cOnSt'tu-
ton was amended with view To permit
ting legislation restricting or GurDidCing
the right OF aliens to accumulate and hold
large landed estates IN kansas. such
Change IN L" organic law OF the state was
a. EXPRESSION on the part OF the people In
iaNCr OF such restriction. and II should h.
supplemented by the necessary legislation
texas cattle Law-The law regulating the
Introduction OF cattle into this state which
AZ" Liable To impart the Texas splenic or
spanish fever, should be amended. During
tn" past year in southern kansas very
serious loss OF property and trouble re-
suited from cattle brought into the state
under the law A. IL nos. stands. Experience
clearly suggests that for the due pro-
lection of our citizens along the southern
horGC- Of tie state. the time for the intro
Lucton or that class " cattle should be
further restricted.
hGC-Of Consent Law The legislature or
Is. changed the law on this subject bv
raising the age OF consent TO eighteen wears
Inc purpose OF tic law, IN the protection of
young women OF tender years is of the very
highest lmpUTt2uCa to society, and luust bt
adnerec t. The crime 20 which II relates
IS Stiil punishable by death under tIe
hitHa >tHirS statutes, and in some states
FAX oET statute, q amended IN 1857, ignores
the fact HAT there are Iewd and abandoned
having proStitUteG everything else, prosti-
tCte the "a" Tor purposes OF bIackmal!; and
instances OF very great hardship have been
the result
This should be remed!ed, as II can be.
without III the least lowering the standard
OF protection to those for whom such legis-
iston IS Intended. The amendment sug.