The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-03
ON THE WRONG TRACK.
Attorney Believed Test of Anti-Drug
Store Law Will Fail.

Upon the question whether the po-
lice power will work to the prohibit
ton of liquor sales, after an amend
rnent to the constitution of the state
has withheld from the legislature the
power to prohibit the sales of lntoX1-
eating liquor for medical, sclentlflc
and mechanical purposes, rests the
outcome of the suit brought in the
United States circuit court here by
Samuel A Harrison of Kansas City,
Mo, who owns pharmacy IN Kan
sas City, Kan, and who seeks to prove
invalid the Kansas antl-drug store
liauor law, recently enacted by the
state legislature.
This is a question which has been
raised in connection with the enforce
ment of the prohibition of liquor sales
and is one which is now puzzling some
of the most able jurists of the state
and country.
While under the circumstances it is
possible for Harrison to maintain his
residence in Missouri and conduct a
business in Kansas, it is questioned
whether it is his function to bring a
suit in the federal court in this par
ticular case when the unusual circum-
stances are considered, because what
it is possible for him to do, on &C
count of his peculiar situation is the
exception and not the rule, and it is
suggested that although he could
bring suit only in the federal court, it
may be that adverse decision Will be
handed down because it might be
ruled a Missouri resident has no right
TO test the Kansas law, enacted by the
Kansas legislators elected by Kansas
citizens and placed on the statute
books for the government of Kansas
people.
An attache of the federal court this
morning voiced himself to the extent
OF saying that he believed that the
working of the police power would be
sufffcient to hold that enactment of
the legislature from being declared
unconstitutional in the federal court
because, he claims, the police power
will work to the prohibition of in
toxicating liquor sales, even after the
right to prohibit sales for certain pur-
poses has been withheld from the
legislature.
This same attorney contends that he
believes that a successful test case OF
the law could be brought by Kan
sas resident II the Kansas courts in
this way. That while, according tc
the bill passed at the last legislature
liquor can not be sold for any purpose
vet if he wanted to make a test of it.
the attorney says he would sell guam
fity of alcohol to some eminently re-
spectacle man for use mechanically;
for instance, a jeWeler of unquestioned
reputation, one who 1t would be GER
tain would not be discredited as hav-
ing bought the alcohol for any other
than a mechanical or scientific pur-
pose.
In that way the attorney would
make his test. An arrest would nat
urally follow the sale, and following
his arrest the attorney says he would
take the case to the supreme court
where he claims that under the con-
stftution it would be Impossible fol
the court to decide other than against
the legislative enactment which pro-
hibits the sale of liquor for medical
scientific and mechanical purposes
7 which a legislative amendment to the
\ Kansas constitution prohibits them
from prohibiting.
There is one other way and one
only, says the attorney. under which
q test could be made of this law. II
might prove a better plan than the
other. A resident of Kansas NIGH
apply to the probate judge in hi.
county for a permit to sell liquor fol
the afore-specif1ed purposes. Natur-
ally. his application would be refused
on the grounds that there is no pro.
vision of the Kansas law for the grant
of such permits. Then a mandarin!