The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-21
Discusses Law to Prevent Ship
ment of Liquor.
CHANGE in SENTIMENT
People Now Want Anti-LiquOr
Laws Enforced.
Under Present System Govern
ment Protects Traffic.

Fred s. jackson of Kansas takes is
sue with Senator p. c. Knox of
Pennsylvania, former United States
attorney general, in a paper which he
read today at Denver before the meet
ing Of the attorney generals of all the
states in the Union.
Mr. Jacksons subject was Estate
Regulation of the Liquor Traffic" and
he pounded the position of Senator
Knox and the majority of the senate
judiciary committee who rejected the
bills granting to the various states
the right to prevent shipments of
liquor into their territory. He said
that the people of the states which
have prohibitory laws should make
such a protest against this action of
Knox and his associates as would
cause congress to reconsider its atti
tude and restore to the states the
right of self government in local
affairs.
Mr.. Jackson said, in opening his
discussion of the subject:
THE invitation from your COM
mittee to discuss this subject was a
doubtful compliment. Familiarity
with the subject sufficient for
an Intelligent discussion was
scarcely. to be expected from
man from prohibition state,
and Carrie Nation has acquired all
the fame as temperance lecturer
which could possibly be accorded to
Joys a monopoly which everyone
seems to respect, and is one thing
which the Standard Oil has not yet at
tempted to corner.
Some years ago, a governor of
Kansas took occasion to remark in a
sort of a passing way, that the en-
forcement of the liquor law was a To-
cal question. He was governor until
the next election, but no longer. An
other governor of Kansas became
somewhat of an enthusiast on this
subject Of prohibition. disagreed with
his party associates. Joined the third
party. accepted the nomina ton for the
presidency. invaded New York and 1t
is said elected Grover Cleveland presi-
dent.
Struck at Root of Trouble.
when the question of securing a
more effective administration of the
law arose in Kansas, it was found that
the chief trouble came from the
breweries and liquor dealers engaged
In wholesaling from other states
The great corporations through which
these interests transact business had
entered the state, acquired real es-
tate, built buildings, maintained sup
ply depots, stocks of merchandise,
and employed agents to carry on
their business. To have applied the
<.
tedious litigation in committees
where the sentiment was not friendly
TO the state law, and where the pro-
ceedings must be conducted in
opposition to. or with the pretended
assistance of local officers who were
unfriendly to law enforcement In
stead of engaging in the local suits,
therefore, common law actions of quo
Warranto were brought in the supreme
court against fifteen leading brewery
n ~ oil
chise and asking for the appointment
OF receivers for their property and
restraining orders preventing fur
ther transaction of business in the
state. Judgment was confessed by the
defendants in almost every case
property amounting in value to nearly
half a million dollars passed through
the hands of the court and the penal-
ties. charges and costs paid by the de-
PENDANTS amounted to $4,000.
Changed Public Sentiment.
similar suits were brought against
'munlcipantles where systems of fines
had been used as a license for saloons
and local officers were removed who
had participated in the plans for de-
riving revenue for the city govern
ment by the protection of saloons
from prosecution.
THE general result, as can be read
ily seen, was to give the supreme court
or the state great supervisory power
over the conduct of local officials and
10 remove the effect of local Influences
where they have not been favorahIe
TO the maintenance OF order and obed
ience to law.
The most marked effect, however
has been the remarkable change Of
public sentiment on questions OF the
enforcement of laws against the liouor
traffic and other forms of abuses Of
civil rights.
Government Protects the Traffic.
In discussing the relations of the
federal government to that of the
states. Mr.. Jackson said:
Whatever may be said on the diff
ferent methods now proposed for the
local control of the liquor traffic. the
most important phase of the LIQUOR
question is the relation of the federal
government to that of the states No
system of state prohibition, local op-
tion or high license can be entirely
successful or meet with any consider
able degree of success while the pres
ent attitude of the federal government
toward the government of the states
continues.
THE attitude OF the national govern
ment Is not one of assistance to the
states in the enforcement of local
laws, nor is 1t one even of neutrality.
for under the present rules applied by
the courts to interstate commerce in
Lquors, the government becomes the
active and vigorous protector of the
liquor interests. Instead of protect
ing the state in the exercise of its
police power as the government in
principle is bound to do, it defends
and protects a citizen OF a sister state
in breaking the spirit of the police
regulations in the territory of an in
Jured states, and assists in creating
conditions under which II is impos-
siole Tor the state to enforce it's own
laws.
sPronoeed IeoisIa+to. -