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Hutchinson News (Newspaper) - June 29, 1890, Hutchinson, Kansas Your Business In The DAILY Advertise HUTCHINSON Advertise Business IN TH8 rjEwsi SUNDAY JUNE iei M Ik Oripal Package Salooos Banished From He State of The congress shall have power to regu late commerce with foreign nations and among the mveral Ninth Amendment The enumera tion In the constitution of certain rights shall not be construed Co dauy or dispar age retained by the Tenth Amendment The powers not delegated to the United States by the nor prohibited by It to the are reserved to the respect or to the Fourteenth Amendment All persons born or naturalized In Hie United Statei and subject to the jurisdiction are cltfosna ot the United and of the tttle wherein they No state ehall maka or en force anj law which abridge the or Immunltlea of citizens of the United nor shall any etate deprive amy peraon of liberty or property without due proceas of nor denr to anj person within Us jurisdiction the eqnal protection of the A Compendium of Opinions of Some of Our Most Eminent Lawyers and They Disagree as to Methods But Are Practically Unanimous in the Belief that a Sure and Swift Remedy Will be A wiek ago the NEWS addressed thirty of the leading lawyers of Kansas asking their opinion of the way out of the dilemma prohibition had been placed In by the recent decisions ot the United States supreme court and Judge Oald Answers were received from twenty had we space they would all be The cover all the points J Jo 1 The supreme court tbe police power of tha It could only grasp one provision of the national constitution at time and that was the interstate commerce It was unable to dis tinguish between bread and beer as an article of The only way out of the dilemma in which this decision has placed Kansas and every other tate is by congressional The federal constitution grants to congress the power to regulate com merce among the several It con gress can and will deleegata this power to the several states then tho problem is There seems to be nu other way r relief to The situation is anomolous if not as J A citizen ot Mieauuricau sell liquor in but a Kansan or Iowa is entitled to privileges in he cannot enjoy at A ciUzan or Kansas may goto and sell an article as matter of commerce which he cannot sell at and which the citizen of Iowa is forbid den to tell within his There ia a provision of the federal constitution which says The citizens of each state shall be entitled to all privileges and im munities of citizens ot the several But it seems by this decision tbattbe citizen of each state is not entitled to the privileges and immunities of citizens of the several While the decision is a disgrace to the court that rendered yet it is the and must be accepted until tbe people cnn change The appeal should be made to and it should be made strong and and at as early a day as the constitution and laws should be so amended as that the people can get at the various members of the supreme If this Is a govern ment of the people by the then the people had better elect their including judges of the supreme If you United States senators We may as well understand the situa tion first HS and make the fight where it will do the most Relief can only come through and to that forum the contest should be June Your printed card ot June 28th insL is in which you ask me to give the readers of tbe NKWS my opinion on the way out of the prohibi Won has been placed in by the recent de citlon of the United States supreme court and by Judge I cheer fully respond to your and trusi u you to the good will of the people of Kansas for my compensation 1 have as you lived among them that the people of for more than fifty and upon any public question I have always been willing to express my and to trust to that goodwill for my in the decent respect of my fellow answer to your I dont that there is any I lemma in the that prohibition has been placed in the decision to which yon Prohibition in Kansas is simply ft creation of whether constitutional or statutory makes no dlf H lerenoe If Its effect in a to B prohibit commerce among the states of the then such prohibition Is a usurpation of power upon the part of the state of and to the decisions referred in so far as ft inter among ihesevera ig adopted by tbe people dflfctte United ptaiee certain powers wire Mwatered upeu toe federsl government and denied to the states of Union these powers the fallowing were jwfenydupon congress by section 8 of vis vide for tbe common defense and general welfare of the United to borrow money on tae credliof tno UuiieJ States to rugulattj commerce witu lor nations ttad ttuioug the buveral and with the lodiau tribes to es tabllttn a uniform rule of etc Co cuia money and ragulute the etc to declare waif gram letterso inaiquoand other powers not necessary to ex pressed in said in the tlrst article of constitution of the United Now if thepjwer to lay and collect to coin to es tablish auaiform rule of o declare and ull other powers ex ressed and exercised by congress tow can it with any degree of sense several states is not equally within the executive power of congress Would any sane man say that Kansas would have the right to establish a uniform rule of naturalization by its constitution or statute or power to coin or to declare or to grant letters ot marque or reprisal Ana yet the power to regulate commerce among the several states is as expressly granted to congress u any of the powers above spoken Now tho supreme court of the United the tribunal established by the constitution itself to decide finally Congress shall have power to claimed that commerce the power to among the all questions arising under decided that liquor is article of and in ac cnrdance with the universal history of the commercial transactions of the world finca commerce between civilized na tions and Judge Oaldwell only de rided that tbe case before him came within the rule established by the au preme court of the United aud Whatever IlB private opinions may havp he was bound by the decision of the supreme national judicial jo that in answer question as to way out of the I simply there is no dilemma it Is a mere question of obedience and submission by every citizen and every officer of state or Federal government 10 tbe decision of tbe final and supreme It is the old question raised by Calhoun in 03 as to whether South Carolina waa bigger than the federal and could an null by its legislative action tho tariff lawe of the United It is he same question in principle as was asserted by J til Davis and his asso ciates in 61 that the respective states could secede at pleasure and thus break up the national The good ness or badness of its benefi cial or detrimental effects upon the prosperity of Kansas and the happiness of Its have nothing to do with the Is it within the power of the people of Kansas under any form of con stitutional or statutory enactment to in terfere with commerce between the states at defined bv the supreme court of the United States As I have said there ia no di lemma and therefor no way out of it there was In ancient time la the republic of Rome a via sacra but that was a high way for the here the only way for tbe people is tbe highway of obedi ence to constitutional ether tbey live in Snutu Vermont or Very respectfully June In my opinion the substitute for Ihe Wil son recently reported by the house judiciary Is a complete rem edy and free from any constitutional ob I also think that ihould this sub stitute bill become a law all intoxicating liquors imported aud in original pick as well as so far as the sale thereof Is at once become subject to the laws of the and be governed and without new or additional legislation by the You know I am a and that Is to say 1 am opposed to the prohibitory and could 1 have my way 1 would get prohibition out of its present dilemma and suffering by killing it You may say this cannot be done in 1 think It If Senator Bentley and the other Republican members of our legislature who want would quit making Democratic speeches and get together and pass a law making election come in dog and provide for feeding the electors on pretzels and dried beef a few hours before the open ing of the I venture the assertion that heer would triumph over prohibi tion In by a no less majority than did protected fence wire and Harrison In Very respectfully anoTiox Congress shall power to enforce by appro prlate letfoUlon the provlelona of thla While I think the broadest judicial utter ance is to be found in the dissenting and while I have no sympathy nor respect for the idea that any thing which contains no matter how unknown to the c world is an original yet such seems to be regarded It looks like congress had tbe power to make al needed rules and and I see no early or easy solution in any other JAY Bon Joel June The best method of suppressing th trade in original packages of arden which has so suddenly and geucr ally sprung up In the since th decision of the supreme court of th United states upon the is to congress to pass the Wilson or law similar to it in its If an supplementary or additional leglslatio should be required on the part of th it could be promptly enactec judging from the present sentiments o our Until these necessary law are passed we must possess our souls i demanding that the prope officers shall proceed against each plac of sale when it becomes a nuisanc under existing The speedy coming of no agents into the is very strong evidence that our prohibition laws hav well observed and en The cordiality not to hilarity with which these agents and their work hav been greeted by those styling themselve the true temperance men Is conclusive proof to fair thinking people that the cry foi because of restriction of tte and obtaining revenue waa an effort to remove all restraints possible from its sale in this JOEL June is but one way to overcome the diffioultleatbAt stare the friends of pro hibition in the and that Is an act of congress placing the control of the liquor traffic under the law of each cot withstanding the liquor may be shipped from one state into Until this Is done it is going to be practically im Yesterdays Proceedings In Both Branches of he Honne Devotes the Day to a Con sideration of the Federal Election Hnmber of Bllla by the Senate A Annoanolns Prenldauta to the Dependent Colon Paolflo Kailwny Land on the Coinage Henneptn June house went into a committee of the whole on the federal election McComas aid that the triumph of the white mans larty In the south meant the not only of the but ot the national eglslature against tissue against alse against night raiders igainst the shotgun against in The Republicans array the dignity of the the majesty of the thepoweis of the to as sure justice to all white or in this Loud Bland of Missouri twitted Me Comas for having taken away from the black men of the District of Columbia the power of local government and suf This soon raised an uproar on the Bland and McComas shouted at the tops of their voices amid the applause of their colleagues and the McComas declared that when the gentleman from Missouri stood on the floor and affected an interest in giving suffrage to or voters of the and when he recalled the fact that the gentleman from his long service here had never raised his voice In behalf of the eight or ten million of poor and oppressed black men in this he felt like in the lan guage of the Puou first cast the beam out of thine own Bland denounced McComasas unworthy of confidence and vehemently declared that it was he and hlscolleagues who were the hypncrites sn pretending June I assume that the following provisions of the Federel constitution will be ia the end discussed and involved in tion of tbe question possible to prevent many Illegal sales under the pretense of original There however exists toogreat laxity in the enforcement of this law in almost every county in this Officers are elected who make loud promisee in gard to its enforcement prior to their election only to bo forgotten soon There is too much winking at tbe violation of the prohibitory law by those officers whose duty it is made spe cially to enforce The people accept the promises of persons rather than their and that candidate who is loudesi in his though he may be a tip or never known to have done thing to favor is too often supported and elected to office by pro hibitionists over others who have always been consistent believers in and tionere Jf but are not demo do not go around and mike a greu ado at to their intentions and after congress shall have passed such a law as will meet the emer gency yet it greater care is not mani fested in tha class of officers selected to enforce whisky will still flow much more freely than it I believe congress will pass a law tha will meet the emergency before it If it does not it will not only be a serious blow to prohibition but also to the Republican Very COTTOHWOOD June profession was never more surprised by any decision within the last quarter of a century than at the opinion of the majority of the Unltec States supreme court in Leisy Hardln orthe Original Package so called which was followed by Judge Oaldwel through difficulties of jurisdiction tha would daunt most j It is safe to say that nine lawyers out of ten throughou the union agree with the opinion of the minority of the judges of the court in the original package The com mercial clause of the federal constitution upon which this decision is in as contemporaneous history wil to prevent restrictive tariffs am duties on commerce by the ii worked out of shape and strained awa from Us place by the decision mentioned The police power of the right of self defense inherently possessed by the state and individual alike is brok en down by it and a horde ot aaloonls jackals and whisky hyenas are let loose on a lawabiding and unprotected com It has no inherent force o compelling respect its own to hold 1 nor has it the power or prestige of s marshal or a state behind It to project i The decision suggests that thi elective method of ailing the judiciary ss every other American office ot im Oontmud an tetand 1 i u rfyt SL pr v for party purposes an unfelt interest in the At this ooint the uproar be became so great that nothing could be beard save the commingled shouts of tbo debaters and the rapping of the speakers McComas time in the meantime had but amid cries of regular order he managed to make the state ment that the black men of this district weretreated like the and he ap ealed to the people of tbe south to treat be blacks and whites When quiet was finally restored of New spoke against he ot pre ented the report of the conference com nittee on the postofBce appropriation nil and it was of Repub of op and of Massa tpoke in favor of the of presented he disagreeing conference report on tbe eglslative executive and judicial iropriation bill The report was adopted nd the house to a When the house reassembled with half i dozen Republicans and twice as many present tbe consideration of he bill was A number of con eresamen spoke on the measure and at oclock the house THE June house asked of the senate today a conference on the silver bill and Harris and Jones were ap omted waa then taken up and ihe following bills passed Tbe senate bill for a public building at to cost not to exceed The senate bills for public buildings as follows The senate bill to reclassify and fix the salaries of railway postal It increased tbe classes from five to seven and flxna the salaries of the several classes at and The senate bill to grant right of way to theTextrkana and Smith Railway through the Indian Territory and The bouse bill to provide for an ad ditional associate justice of the supreme court of New with an amend A message was received from the pres ident announcing his approval and sig nature ot the dependent pension on June Senator Ingalls takes the optamistlc view of the Democratic support of the silver Instecd of Republican apost aoy he regards Democratic free coinage votes rather in the nature of Democratic We are the said the senator with becoming Republican party is still the an nointed and In no danger of trading oft its apostolic he my people want free coinage and Im not here to quarrel with what ever support we may get from If tbe Democratic party wants to come upfrom the depths and out of the wilderness in support of Republican doctrine it should have a full vote and an honest count We are here for The great ques tions of the said the will be economic ones and in their set tlement party lines will be weakened now and Both extremes of the sliver men sire prepared to U pretends to strug but each admits half a loaf is better than An amendment providing for free coinage of all American silver work upon the plan and esti mates of constructing the Hennepln The cost of tbe work with the ten per cent lidded for contingencies for the mala line and for the feeder line making a total ot Oapt Marshall in conclusion states that the canal cannot be of such value to commerce as Itwould bfl were the line throughout of greater It is he that the canal should be built as a public necessity either by the government or a private Union lAnd June of the Interior Noble today sent to the senate a response to a resolution ot that body directing him to repert the cause of withholding patents for lands within the limits of the government to the Union Pacific Railroad company which are free from all claims and which were not re served at the date of the definite location of the The secretary says the conclusion has been reached that the indebtedness of the railroad company to the United States does not authorize his department to withhold lands granted to the railroad and for which lists have been It is a subject for legislative if it can be controlled at A large portion of the lands now unpatented lie in the states of Kansas and and have already passed into the hands of innocent purchasers from the railroad They are being cultivated by the citizens of those states for farms and on them the homes of the people have been This railroad was built on time and has complied so far as known with all the conditions of the land No reason is deemed to why the secretary should not proceed now to de liver to the Union Pacific railroad com pany the lands which have been and it is his intention to certify these lists commencing at the eastern portion of tbe unpateuted lands in Kansas and Ne braska where the lands are agricultural have been sold and are in the use of ac tual If there is any objection existing on tbe part ot congress this action may be prevented by any resolution act that may be controlling in its The lists of lands selected by the company now on file in the intenor patents for which have been until now under aie said to aggregate about two million tempted to step on the brake missed bis step and was dragged under the en gine and run over as they went to tbe tank and also as tlisy went from the He was in such a mangled condition that he was beyond The cor oner will hold an Inquest to ABB THBY The Rntomhad and Their lUlae June are the rescuers and relatives of the thirtyone entombed doomed to disappoint The force who took their lives In their hands when they went Into the Mahoning pit last came out this morning without having pierced the Farm Hill The hole drilled into what was supposed to be an entry to the Illfated mine last night was only a The rescuers declare the maps are wrong and they are as much in the dark now as at any time since the search was begun thirteen days The regu lar shift started in again this morning and the brave but disheartened men are searching for an entry that will lead into the burning The work in very dan but the men will not abandon the search until they have accomplished their purpose and find their comrades or the fierce flames force them to give up Ihe The fire in the mine is burning with great fierceness this morning acd immense volumes of smoke and flames issuing from the mouth of the Shot for sentence of death pronounced upon Pinlzi for con spiring to overthrow the government was carried out On arriving at the place of execution he made a confession to the With a firm step he walked to the post alone and saluted tbe military officers He waa then bound to a Just beCore the order Ui fire was given he cried out in a loud Long live All the ofUcers attached to the oamp were pres Four ruglmeuts of infantry with a battery of artillery formed a hollow in which PoniUi met his end Hi blindfolded stood urec in plain clothes and acted courageous Twentyone bullets pierced KANSANS IN How Oar Senators and Bepreoen tativea Their Forking Conceded to One of the Hardest Workers In the The Silver June conferees on the eilyer bill will probably not meet until next his A Fight to a Missouri Crop 28 skin glove flght to Qieensberry be tween Jack Powers and Dick Nagl came oft this morning at Vanneboro Frank White of New seconded Nagle and John Murphy of Mew York looked after Both men were li the pink of Powers ibrcei June weather I the fighting from the start and in tw hours aud tutrtynlne minutes knocked crop bulletin of the Missouri state beard of for the week ending June says The fall baa been below the normal over the entire Light rains fell during the week in portions of the west ern and northern butallsections are needing A local drouth has prevailed in of Uerty and Noclaway counties since April leu The temperature and sun line have keen above the The weather has been unusually warm and making a fine week far The wheat harvesting hat been in progress all over the state and will be nearly com pleted this Corn has been improving in condition but Is beglnningto need rala many in por tions ot the Ae a rule the plants are small but have a good color and the f round is olear and in good he Texas oat louse is creating some than half a crop of will be Toe Texts oat or grain has extended over that of the state Routh and east of a lice drawn from the northeast to the southwest corner of Batimates received up to date from correspondents of the board of agri culture for the regular monthly crop re ports to be issued July show that the percentage condition of vheat in the dlf Ferent sections is as follows Northeast 76 northwest 88 southeast 71 southwest Mis 79 central The state of Percentage condition of oats is Northeast northwest southeast southwest central 81 The state Percentage condition of corn is North east northwest south west central the state Bl EL June Seay had a special term of the United Stated court here An important in junction suit by Biley against the Ohocktaw Goal and Railway company was dissolved on the plaintiffs motion and the dirt la flying eastward toward a quick connection with the Santa Fortynine car loads of track material are already Today a large house that Rano City had devoted to court house purposes in its contest with Bl Reno for the county was hauled over the Canadian river and placed here on the main Today more contracts were closed with Reno business men for bring over here eleven more business houses as fast as teams can haul NaKle thirty out bander on the j a tremeudous righ Tliroitu BViHU A Carriage and KANUAB the wife of McGeo a wealthy and prominent was killed this after noon by being thrown from hi r carriage to the pavement In front of her residence at tbe corner of Twenty fifth stn et and Tr lost Her two the Misses Maude aud who were In tha nnt MalUray June Uocklslsnd passenger train wag wrecked here Four people were killed and fifteen in some The sleeper and the diner took another track at a switch and were Annie Pear was The names of the other three are not Will Fight tha June Humphrey today instructed Attorney General Kellogg to appear in defense of County Attorney Welch in Judge Fos ters court Monday In the injunction pro ceedings brought by the original pack age Pint Olatilot June The Repub Senator IngiUla BipUlna VaUMtm cldentThe Fabllabwl BajMlU Tiato Kioept la Tiro Importut ruuatan Did Hot ud Never a Word to Him 4 boat How He Should on Fenalntw Penoiul Mention June Nothing so gratified the house coastitu ncy as the certain knowledge of Indus ry on the part ot their representatives in Tbe which Is to having generously fixed he pay ot these gentlemen at f it Mhooves it to see that this salary ia and that the time belonging to he tax payers Is not frittered Having invaded Merrills com mittee it was comparatively easy to secure entrance to and by ja liclous questioning of secretaries Colleagues and It is not difficult to learn in a few hours the men al and industrial status of man in con Perkins of tiia selected victim of this is one of the rtsbestlooking men in tho He s compactly with a smoothly shaven lighted by grayblue and his nalr being very dark and he might be classified as of the Uc Klnley typo in Nor Is he the Oaioman in his uncompro mising Republicanism and instinct and ability for WHAT MR IKllKINB JJOKH Is pirtly suggested in the fact that he is chairman of tbe committee on Indian member of the committee on ter ritories and member of the committee on Indian depredation The com mlttee of which Perkins is chairman consists of thirteen house one delegate and one paid by the gov ernment These fifteen members trans act all the important biulness growing out of the governments relations with between three and four hundred thou sand and the committee on depredations has in charge all claims of white men in that Per dui Ing his eight years ot has dona m it is toward shaping our Indian policy lhan any other mern BI in congress and Is regarded on In an matters as is Morrill on pen fine The allotment of land In several eating up of tribal organizations and it stun of education that shall make ood citizens of savages are among the easures framed and fought for by htm im steady Under his man ement and direction much unoccupied nd has been opened to white settle He secured the settlers of thn lacs Bob lands in Kaunas noil has orked to secure titles for those who had ade their homed upon the York ndlan He dutiug the ast congress the uajsage of H bill giving ism homes 4t 8 DO ptr For I is vetoed by haex ecte to secure Harrisons approval be ore congress Tae coinuiUue f Indian affairs has charge of all such pproprlations and this year have se ured liberal advances for maintaining be Haskell Industrial school at Law During the last session as member of the committee on Indian af alrs he secured legislation for tbe open DR of Oklahoma to settlement and aa a licans of the First congressional district held a caucus today to elect delegates to the county The flght was between Congressman Morrill and Ira F The Collins delegates were Kicked by m June president of Pawnee Ooun ty was kicked by a horse am had his leg broken between the knee ankle Victor was driving his at the time of the finish ing his Tho rVlnflelil June lembly was addressed today by who spoke to a large audience This evening Mclntyre spoke The program for next week is replete with good may be or the com1 ipulsory if silver purobase of ounces of silver monthly orthe issue of silver wherein is Involved considera ble difference in favor of the silver Hannepln June aceretary of war today transmitted to the Souse A DUplav at June Santa Fe road has contributed towards defraying tbe expenses of the display of Kansas product at the national encampment of tbe at in and Cable of the Rock has sent tha committee f 800 for the same It Is expected that tbe Missouri Pacific and Union Pacific will also The various towns In tbe state are con tributing according to their means and the display promises to immense and be a great thing for Profeiicr Morrllf left for Boston to day to arrange Hoe June oasei sunstroke to the police u to 2 Up to that hour the mer cury registered 98 degress snd st oclock tonight the thermometer reds tared Another Brakemana June head brakeruan on west was ran over by his en Klne and instantly killed list evening at He cut the loose run out on the engineer officer ia charge of the wrrtersilssit came tovrwdhlin A Town June The town o twenty miles from was vis ited by a coofUgration early this morn which destroyed the business portion o the Loss insurant tWUira Cbautii r June The whet harvest of Saline county is about com Tho quality Is excellent and th quantity Is estimated at bather Winnm SHMUSHEAD June The win ners of were La Sir Louttker and June M 8 SnndiyV Vat Kansas Fair slightly cooler cortherly member of the committee on territories e has this session had charge ot the bill ororgamzitiouo territorial government n Oklahoma and fnr too enlarging of the tower of the courts In the Indian Terri The townsite bill of Oklahoma is also In bis During his service in congress erkins has INTRODUCED 608 ot which were general in the remaindtr fie iss made seventy three committee re presented 308 petitions and op to une 1st had msde ninety two speeches on the floor of the During this time he bag personal ol pension claims and hss aisieted 1381 old soldiers in their efforts to secure sa ncrease of pension already Itissn energetic congressman who keeps track of his and numbers the letters be During be past eight years in which Fer tlns has frolicked at thecapitsl ha has sent out letters on the subject of pensions The man who Is always striking an average will find this to equal sixteen letters for each day of Sundays the average number to each case being The number of typewritten letters to his constituents that Perkins bad dic tated for last Sundays mall wos forty This goodly stack of 1 strongly represented both tbe pleasure of the Hunday morning church service and an afternoon Per kins U regarded s late but he makes up for bin 8 oclock breakfast by midnight Having relations with three commit tees naturally follows that be attends an executive session nearly every morn of the However that may be spends sometime in the reading ot dictation pf after balng no he does by the it the most dltagree able feature of one that is steadily increasing its un pleasant The exact tween the duties of a M nations legislator snd his obligations to his con stituency u a private errand not ;