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Hutchinson News (Newspaper) - June 15, 1890, Hutchinson, Kansas Advertise ItwilLPayYouto Your Business In The DAILY HUTCHINSON NEWS Advertise DAILY IMEWSI SUNDAY JUNE eoognlzed by the usages of the commer at The laws of congress and e decision of courts is not Be ng thus articles of can a In the absence of legislation on the art of prohibit their import g from abroad or from a sister when imported prohibit their sale by importer These quettions that court answered n the negative and that answer is con usive in this and all other courts in bis The referlng to the lws of like tbe laws of this make it unlawful to said The laintlffs in error are citizens of re not pharmacists and have no ut import into Iowa which they ell in original packages as Jnder our decision in Bowman Obi ago and Railway Company supra hey had tbe right to import this beer nto that State and in the view hlch we have expiessed they had a ighttosell by which act alone it vould become mingled in the common mass of property within the Up o that point of wo hold that in the baence of congressional permission to do Oripal Packages May be Laws to the The Size of the Package Has Nothing to With the Prohibition Kansas Converted Into Free Whisky State by Judge izure or any other action in prohlbl lon of the importation and sale by the orelgn or nonresident The eglslatlon In question to the extent repugnant to the third clause f section of article of the consti ntlonofthe United It was then no offense for those peti tioners to sell liquor in tbe original pack ages as agents foi the nonresident im porters and Having a right to j make such Sales under the constitution of tbe United as constituted by he supreme court of the United any imprisonment of them fordoing that act in tbe language of the habeas corpus In violation of the constitu tion of the United States and illegal and this court has the jurisdiction and it is made its duty to discharge any person so illegally held in A question was raised in the argument as to whether the smallness of some of the packages sold by some of the petitioners did not deprive them of protection given to of original packages Single bottles of beer and whisky packed and sealed or nailed up In boxes made of pastboard or wood were shipped and sold in that The boxes contain ing one bottle were not pocked in any other but shipped singly and separ ately as so many distinct and separate It is not perceived why in the absence of a regulation by congress to the the Importer may not de hlo STATE Friends of Judge Botklns Exoner ate Him From Unjust They Emphatically Deny the Imputa tions That H are Been Made Against His Xhe Bush For tbe New Tonrn In the Neutral Manifest at FollUoa In f Inner Situa tion In the Fifth ExPostmaster Turns Stevens County Murder Oase Original Peokaire Bouses Crushed by the June A large number of citizens of brant county have been attendance at dis trict court this week in Seward county as witnesses in the trial of John charged with robbery and among the number was Hutchmson county attorney of Grant and a staunch prohibitionist Who handed to Judge Botkin a paper signed by the county and township officers of Grant and by the mayor and council men of Ulysses and Appomattox and by the business men of that in which tbe singers pronounce as a base an Infamous slander the report tele graphed from that Judge Botkin was drunk or under the influence of intoxicants during the April term of court In Grant One of the business man of Ulysses also left with the judge his affidavit that Wood was thj author of the slander referred was created by an Indignant citizen who was keeping his horse in the The irlginal packages Were moved gent has not been molested by the People Who Favor the Restriction or Prohibition of the Sale of Intoxicating Liquors Must Henceforth Look to Congress For June decision rendered by Judge Caldwell has been the main theme of conversation here The court was for upon the verdict depended the fate temporarily of prohi bition in While there Is a higher court the supreme court at it is not a tribunal that many temperance people would care to refer such questions sinceits recent original package decis The friends of prohibition are greatly depressed over the matter for they clearly see that it means another long and bitter The whisky men are for it until the passage of the Wilson the removal of all re strictions aud the free sale of alcoholic drinks for any and all There was ene point of Interest that was not In the decision but was dropped vol to tue effect that it made no difference where the liquor was During the course of the investigation the attorneys for the state made efforts to make it appear that parties might have drunk the liquor upon the premises where when Judge Oaldwell asked what la there in this matter of drinking upon the premises and what is all this talk about Overmyer observed that he did not think there was anything in the matter at but in this state they were so ac customed to such things that he supposed it occurred from force of The attorneys for the state made no response when Judge Caldwell observed that so far as he could see there was nothing to prevent tbe party who pur chased the liquor from consuming It wherever he Dan Anthony is tearing but is ready for He says hnrry up the mast that now we must or ganize Kansas as one mighty and move again on the breastworks of king The Full Text of the June Caldwell of the United States circuit court rendered his decis ion this afternoon at 3 oclock in the eel ebjated original package cases from To peka and The cases came up on a hearing of applications for writs o habeas corpus on the part of the follow ing persons who had boen arrested to selling original From Tope Carl Chris i J Bernard Triohman Jacob Solver and Fron v The following counsel represented th petttiontrs Oivid Overmeyer Curtis and Jchareffer from anil Mobler from County Attorney Welch and Vance of and County At torney Garver of represented the The court when the decision was was crowded with prom inent attorneys and The decis ion which granted the applications for writs of habeas occasioned no as It had been considered on al sides that the decision would be to that No action has yet been taken toward appealing to a higher court though it is pretty certain this will be and all preparations have been made by Judge Caldwell looking to such future The following is the decision In full Eleven different persons have sepa rately petitioned this court for a writ of habeas corpus to relieve them from al leged imprisonment in violation of the constitution of the United the cases were heard together and while there Is some difference in the minor de tails the material and controlling facts re the same In all Prosecutions were Instituted against IB charging them with sell ng liquor in violation of the laws of this They were and falling to give were and there upon filed their petitions in this Ileglng that they were imprisoned in violation of the constitution of the United in virtue of criminal prosecution ommenced against them in the state ourts of Kansas for selling liquor in hat state in alleged violation of its con tttutlon and laws that the for the elling of which they were prosecuted and was shipped by its Wuers who were citizens and residents if the state of Missouri from that state nto this state and sold by the petitioners termine for himself the form and tize of the packages be puts up for The idea that small packages of liquor cannot be treated as original packages because they are springs from the convic tion back of that liquor in any form or in any sized package is not a legitimate subject of That question is put at rest by the decision of the su preme court of tha United States until congress shall Aa long as packages of liquor in any form or size may lawfully be sold by the importer or his agent in a prohibition state the size of the package is not of much Whether the pack ages be large or email the practical effect will be to seriously impair the efficiency of all laws Intended to protect society from the evils of the liquor it was would be the consequence of the decision of the supreme Justice Gray in his dissenting anticipated as a result of the de cision of the the very state of things now confronting the people of this He says If the statutes of a state restricting or prohibiting the sale of in on April the heard Cot Wood tell the story asja fact of his ownlperaonal knowl in the presence of a dumber of other Thus at after suffering in silence for weeks under the most cruel and In famous does Judge Botkin emerge from under the stigma that his personal and political foes have thrown upon his Thus do we at last discover the base slanderer who to wreak personal vengence upon an upright offi would destroy what is better than gold to Judge viz his personal The parties signing the paper number over one hundred of tbe best citizens of Grant and they were present every day of the term of It is but a simple act of j uatlce that the papers which have given currency to the de famation should now expose the lie and the Will Nominate a Oonironslonal FOBT June con ference of delegates representing the Alliance and Knights ol that met in city to for the pur pose of considering the question of mak ing a nomination for decided to put a candidate In the field ana ap pointed a committee to call which will probably meet at An BjcPostmaster Arrested June master Herman Hasslor who held office under the Cleveland was arrested yesterday by the charged with running a joint in his meat He is the third jotntist who has been pulled in a He was bound over for trial under bond of Crushed by the GAIIDBH June a brakeman on the Santa had a leg crushed between two freight cars this afternoon so that it had to be amputated above the He resides a Dodge City and has a A Half Million Dollars Worth of Property Swept June least half a million dollars worth of property was destroyed in this city and vicinity last Never since when the rose and overwhelmed nearly all the city of has such a disastrous Hood visited this section as that of last recover possession of the three dynamos of their patent now in the state prison at Auburn and Sing which Harold the electrical expert purchased for the The Westlnghonse com pany claim to retain prletory interest in the a pro dynamos CROSS JUOKDEK The Cha tal of the Hngoton the Aciinlt toxioatin ig liquors with d inoperative ai in its territory are to be held Inoperative and void as applied to liquors sent or brought from another state and sold by the importer in what are called original the conse quence must be that an inhabitant of any state under the pretext of Interstate and without license or super vision of any public carry or send into and sell In any or all of the then states of the intoxicating liquors of whatever in esses or or even In single bottles or despite any legislation of those states on the subject and although his own state should be the only one which had not enacted similar The answer of the court to this Bug gestion is that and congress can remedy the evil so forcibly stated by the minority of The court the responsibility is upon so far as the regulation of in terstate commerce is To re move the restriction upon the state in dealing with imported articles of trade within its which have not been mingled with the common mass of prop erty if in its judgment the end to be secured justifies and requires such I do not sit here either to make or to disregard tbe but to enforce it re gardless of my own views of its policy or It is to the legislative and to the judicial department of the govern that the people of this and all June Cross trial U Most of the governments testimony is Wood is working the flres to manufacture public The testimony of Toney and Homer the haymaker is The witnesses appear to have been coached for the The testi mony does not sustain the report that Cross and party stood up in a row and were shot This impression is re The Hugoton folks are in a fair way for Woods chief mission seems to have been to manufacture pub lic sentiment but tbe testimony shows that up to the time of the shooting the Wuodsdale folks had been the aggress For three hours the rain fall In tor vivid lightning played and follow ing each Hash came terrific peals of The storm commenced about 8 oclock and In a surprisingly short time every street was a turbulent The creeks swelled and in a moment devastating floods were sweeping through the Kent and Keeth creek Each creek drains an immense area of territory and from every side came contribu tions to the waters until tbe creeks were destructive The bank of the creeks were powerless to confine the mad waters and they spread over the Ion filling cellars and creeping up into the first stories of ariving the occupants of houses from their While the fire department and police were working In Woodruffs addition word was received that the people liviug around Kents creek wore in distress and asking for the patrol and Mayor Bhermtt with a force of men hurriedly loaded a boat into the wagon and were soon at the waters O nee there the scene was women and children were out in the rain many weeping and wringing their hands and all It was a minature Johns town flood and somewhat similar In they sell or claim merely to lease to cus tomers the manner of the Ball Tel ephone company In leasing Its telephones and will seek by action to restrain the state from employing them for execu tlonary They will claim that Brown illegally and fraudulently ob tained possession of it by collusion with Its having a lease hold of the dynamos in This will prove a novel and Interesting Societies of Christian June this even ings session of the convention of the societies of Christian Endeavor the com mlttee on credentials reported that delegates were actually registered and present at the The nominating committee recom meded the reelection of President Francis Secretary Baer and Treasurer Shaw to their repective and presented names for vice president for each state of the Provence of Canada and other countries represented In the convention or Identified with the Christian Endeavor The committee on resolutions sub mitted a series of resolutions which re affirm the principles heretofore laid declaring the Christian Endeavor pledge essential to a true society of Christian demanding the right upholding of the the Keeping of the Sabbath day holy and condemning intemperance in every form and favoring total Sessions will be held tomorrow and at the meeting an adjournment will be had to meet at Minneapolis next In Trouble With Revenue June spring a wagon and a lot of whisky were cap tured by a revenue officer at The whisky was placed in the jail for safe A few nights afterwards a party of disguised and armed men called upon the and demanded the keys of the Under their threats the keys were and the whisky was A charging a conspiracy and combination to commit assault and forcible was taken out Tuesday by the sheriff against Pearce and Fearce was arrested The magistrate deemed it a case of and refused to admit Pearce to A writ of habeas corpus was applied returnable before Judge at The judge GERMAN The Emperor and Ozar Still Sua plolbua of Each Their Meeting For tbe Exchange of Conrtosios to be Concerted lain a Diplomatic Bnssla Persists In Reftutac to Bseoanlae Prince and Renewal of the Agitation May Lead to Serious CompIltKttaus frtact Frankness In Giving Away Btatti ttocrets Annoying to American Rlltemon at Bremen June by the Associated semiofficial an nouncement In the Gorman Gatetto that Chancellor Von Caprivl will accom pany Emperor William on his visit to the conveita the meeting of the sov ereigns from an exchange of imperial courtesies into a diplomatic Em peror escorted by a will sail from Kiel to Constant and will remain with the czar three Signer the Italian prime minu will be here for a conference with You He will Bee Count Kalnoky the AllaireHungarian premier euroute to These movements have a distinct re lation to a renewal of the negotiations for a settlement of the ques This time the were initiated at The Russian government in refusing to recognize the Bulgarian StambuloB Is ready to sacrifice Prince Ferdinand if his own position be assured aa result of the Whatever may be the issues of the meeting at 81 Petersburg they will not involve a change of rela tions in the Slgnor Orispi goes to Fredrichsruhe after teeing Chancellor Von The Cologne Qazttte predicting a dis solution of the rlchstag urges the gov gov Th required ball in for the appearance of the Pearce gave but is yet held to answer charges preferred by revenue Fifth Kansas District JUNCTION June political sky in the Fifth congressional district grows clearer every but two or three small clouds still remain and they are fast losing their ExCongressman of Saline Is supported by but one paper ex Governor of Rlley county by but two and Judge many Before the were hardly aware pie it the peo of water came rushing down the creek and creeping into their driving families out into the darkness and The mayors party did some valiant work in taking the ple from their All the lower arts of the city were flooded and hun roda of people rendered The spectacle this morning presented a scene of desolation and Floods at June heaviest and moat damaging rains ever known here fell steadily all last night in tor commencing with a deluging water spout which completely inundated the eastern and southern portions of the This morning people in the southern part of the city moved out in Out houses are floating around and men and boys are sailing about on rafts and in A June a scion of one of the oldest Rhode Island a princely woolen manufacturer for several was put in jail to His whereabouts have been unknown for two years and James who was a to the extent of discovered him in the person of a salesman fora New York woolen He has been through a half left by his Daniel and beside sink ernment to restrict the The paper contends that a mere dissolution will not suffice to secure the defeat of the opposition which might return stronger than Prince Bismarck studiously unstudied confidences have already assisted the foreign office to a clear view of the denotes of foreign and has also helped to harmonize Caprlvla relations with several foreign It is now perceived that his seeming frankness re veals little and cannot embarrass the gov Tbe American riflemen assembled at 10 oclock this morning at the Park House at Bremen and went in a body to the Industrial Technical The art and commercial sections of the exhibition especially attracted the ing Whipp of hii mothers money has spent nearly of His princely residence was under the his mills at Burrillville were burned and creditors took the in and when all was lost he lied the leaving many bondsmen with unsettled an agents of such shippers and Impor ers in the original packages in which it was shipped by its owners into this state that they sold liquor In no other manner and that so tar as the constitution and aws of this state make such sales of Iquor a they are in con 11 let with the commercial chauze of the constitu tion of the United States and The uncontradlcted evidence supports he allegations of the namely That certain persons and firms residing and doing business in the state of Mis owned and shipped from that state Into this state distilled liquors and beer and that the as agents for said shippers and sold said liquor in this state in the original packages in which it was shipped into tho state by its and sold liquor in no other man with an exception not material to ba considered in this The constitution and laws of this state make it a crime for any person to sell ilquor in this The constitution and laws make no distinction Hsween the importer who sells In the original Eackages or by the The law in lets the same penalty on livery question of law raised in these oases has been decided by tbe supreme court of the United That in a re cent says that ardent distilled ale and are subjects of barter Hnd like any other in which t right ol traffic exists and are to other states against the must look evils of relief the sale of liquors in original imported packages by the importer or his The several petitioners must be Let aprayer for appeal and Its allowance be entered in each The stenographer will file with the clerk the estimate on all the cases and the tes timony relating to each case will be filed and attached to and made part of the record in the It Will be KANSAS June A Olobf spec ial from Washington says It is private ly stated to the Globe correspondent to upon most excellent that the recent original package decision of the United States supreme court will be reconsidered by the and there is every reason to believe that the court will reverse Its decision and by a majority vote of two sustain the prohibition John attorney general of has been in the city some time consultation with prominent lawyers in the house and members of ju diciary committees of both houses and members of the supreme court upon As a result of these oonf ereocea Stone has decided that he has more than a good fighting chance for success if a is and feels very san A motion for a rehearing of the cane will be in order at tbe October term of Stone feels that will be an as sentiment against the su preme courts decision is growing strong er each and It is because of the ex pression of he ablest constitutional law yen of the land oa this subject that he thinks the court will reverse its decision w ol by but a few No man in this distnct has been mentioned upon whom the small antiAnderson crowd can Congressman Ander son is certain to be The central committee meets in Congressman Andersons on the to name the place and date of hold ing the congressional Folltlus tn Pluney GARDEN June con test of Milton Brown against Jones for the endorsement of Finney county for congress was decided today by the county central by a majority ef one in Jones A large amount of fraudulent voting wag discovered and Browns friends claim a majority of thirteen they think the finding of the committee contrary to the They filed an appeal to the congressional convention at Dodge City and the committee ordered all the The A Bank June About evidence forwarded with the There be gallons from Finney oedgwlok June Repub licans of this county today in conven tion selected a delegation of twenty to represent them in the congressional con vention of the Seventh Judge Wall was chairman and resolutions were passed instructing tha delegation to work last and all the time for James Judge Slues was made chairman of the A For June 14 city Is almost Almost every body Is holding down a lot in Dele gations from Various parts of the state are coming in and all bound fqr the new The location of tbe new land office town as published in the papers this morning la not eighty miles south east of but thirty miles Original Package House LA June original package house was opened here last night by Daniel whose liquors come rout Kansas The busi ness Is conducted Bales today have been Much amusement June the senate today the senate bill was taken up to es tablish an educational fund and apply the proceeds of the public lands and the receipts from certain land grant railroad companies to the more complete endow ment and support of colleges for the ad vancement of scientific and industrial and Mortill addressed the senate in its At the close of Merrills remarks the bill was laid aside without final action on an objection by that by unanimous consent the day hud been as signed to bills on the calendar unobject ed its further consideration was fixed for Thursday The house bill for a public building at limiting the cost to 000 was reported and placed on the cal The consideration of bills on the calen dar in their regular order was resumed and several bills were After the passage of thirtyfive private pension bills the senate Just Bis June daily mail received at the census office is enormous and represents a great deal of A letter was found in the mass how that set the office in a broad as it passed through the usual It was from a census enumerator in Indiana addressed to Superintendent and was as follows a year ago Harry a telling in the Bank of took in greenbacks from the vault of the bank and placed the money in the attic of his where it was found a few days later blown all over the apartment by the who was the son of a partner in the was arrested and in dicted being released on He jumped his his father having it to pay and went Monday he was located and Sheriff Stenrod of this will arrive here with the prisoner tomorrow Killed by J uue 14 special from to the says A terrific lightning and thunder storm passed over the northern part oi this county about 4 Joseph aged and Lish Wil aged were killed by Blanton Speaks was badly burned about the and one of his eyes forced from its socket and hung down on his Edward Kennedy was also iRpGI attention of the On their re turn the riflemen lunched at the Park House and in the evening they attended a concert in the exhibition which were brilliantly illuminated with electric A deputation of Conservatives from the Fourth district of which is now unrepresented in the reichstag on ac count of the death of Herr TVeddell went to Frledrichsrhue yester day to ask Prince Bismarck to accept the Be promised to give the proposal his favorable consideration and this is taken to mean The members of the reichstag already foresee that the princes presence will produce the grouping of a new party under bis composed of Conserva old National Liberals and a small section of the moderate Freinenniege The group will prominently represent the smaller land manufacturers and bankers who are opponents to the proSocialist thus forming a strong Tbe reports to the effect that the becoming morej and more enraged over the revelation made by Prince Bismarck In and that he intends to muzzle the ex chancellor are laughed over In the princes and June auditor of the postofHce Judge has submitted to the postmaster general a statement of the receipts and expenditures department for quarter ended The state ment shows that during that period receipts aggregated and the disbursements is an increase both In receipts and disburse ments of about 0 per over the corre sponding quarter in Hallway June west bound mail train on the Richmond and Danville which left here at this was derailed two miles west of ten persons being some A speolsl train convey ing has gone from this place to the scene of the Weekly Bank June weekly bank statement shows the following changes In legal The banks now hold in excess of the 25 per finding a baby without a that was born just in time ta have its nose and the family undeeided as to a the matter was finally left to whereupon I christened him Porter the first after you end the second for As the kid is from a long line of good old Kentucky I hope the name will not handicap him in the race of Porter has not decided yet to send a silver cup to his new A Novel Jane next step that will be taken In behalf of Went ingbouse Electric to prevent the use of their vibratory current dynamos for the execution of murderers In this state will be In the form of writ of replevin to Kentucky Out of June treas ury of the state of Kentucy is empty and the deficit will by July probably amount to Governor Buckner will save the state credit by advancing money without interest from his private fortune to meet all urgent He hat already advanced Tbe Denver June hun dred plumbers the striking car penters and mill men There are now about men on a strike with a good prospect of being Increased next week by the bricklayers and Kansas June senate to day confirmed the following Kansas postmasters Clara Nichols at Fort Leaven Sbrewsbarry at Mary Anderson to NEW June the Brouip ton oratory in on Tuesday morn Ing Miss Mary Audereon will Antonio Navario of New The ceremony will be Cardinal French PA June to several Parisian minister Weather June unti S Kansas Fair except stationary temperature in in western Kansas winds becoming of foreign is about to declare th recognition by Francis Of the Brazilian provisional The June house suspended public business today and proceeded to pay tribute to the memory of the late Samuel June Abner Taj of Fust Illinois dis WM to ;