The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-18
DEFENDS HIS LAW.



In his letter to county clerks, Daw-
son also criticised section of the
Mahin bill. The Smith county senator
in his reply states that section 9 was
not in the original bill. but that it
was injected into the act while the
measure IS being considered in the
house and was concurred in by the
senate because there was not sufficient
time in which to secure a conference
committee and make another fight for
the act. Section was pointed to by
the newspapers as a joker at the time
the bill passed. Now Senator Mahin
charges that he is advised by house
members that Dawson instigated or
was the author of the entirely new
section of the bill and of which he
complains in his recent letter.
AS to the legality of his new liquor
bill Senator Mahin says he has no
doubt. OF course, he admits, if the
courts should hold the Webb law I'M
constitutional, then the new Kansas
law would fall with it; since the Mahin
bill was framed in accordance with
the broad and general terms of the
federal act.
In letter regarding his bill and the
recent statement by Attorney General
Dawson Senator Mahin says:
The Mahin Letter.
ct have read with a great deal of in
terest and some surprise the letter writ
ten by my good friend John S. Dawson
attorney general to the various county
clerks of the state in which he advises
them to disregard the plain provisions of
the so-called Mahin liquor law in regard
to making public illegal liquor shipments
1T seems to me that the attorney general
overlooked some very important facts, as
well as some well established principles
of law which will have much weight when
the courts are called upon to interpret and
construe this statute.
when / wrote this bill I had before
me the federal law of June is, 1910. which
Is the law referred to by the attorney
general. and had given its provisions care
full consideration. The federal act of 1910
imposes a penalty for making the public
the name of any consignor or consignec
or the contents of any shipment delivered
TO a common carrier for interstate trans
and effect at the time the Webb bill was
passed The Webb bill makes it a crime
state or territory into another state or
territory except for lawful purposes in
such state territory. 1t IL peculiar in
this that II provides no penalty and has
state of final destination of such ship
ment to declare by law what shipments
to fix the penalty for the unlawful ship
ments. The Webb law undoubtedly re-
peals by Implication the federal act of
shipment of intoxicating liquors for
illegal purposes. for they are in direct
conflict with each other in this. that the
Webb law makes it unlawful to ship in
toxicating liquors into dry territory
thereby imposing a duty upon ali who
know of such unlawful shipment to make
the same public such is the policy of
the criminal laws of all countries while
the act of 1910 makes ii crime to give
out any information regarding such ship
raent or the commission of such crime
In other words, the act of 1910 imposes i
heavy penalty upon anv person who ex
poses the crime of unlawfully shipping
LIQUOR into Kansas and thereby makes
him a party to such crime by compelling
him under the penalty of the law to con-
ceal it. The law of Kansas makes 1t a
crime for any person to knowingly con-
ceal a crime It is a well established rule
of law that where a subsequent law is
enacted which is in conflict with a prior
Law. ii repeals the earlier law by implica-