The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1885-10-06
THE OGANS.
A Conflict of Municipal and
State Law.
Why it is Asserted They Can
not be Prosecuted for
Felony.
A Rather Remarkable Interpreta
ton OF Law by Lawyers.

A Rather Remarkable Interpre:a
ton OF Law by Lawyers.
TWAS currently rep orted on the streets
Yesterday III # Prosecuting Attorney Lamm
b "a refus to prosecute or issue Warrant
for the arrest OF James Og=n, the drunle en-
brute who so nearly took the LIE oil MS
brother, Doug 0gen, on Bro1dwey, las,
Saturd " night, the ground for the refusal
being th # a trial in a municipal court
barred the state from further prosecu lon.
When appro- c1ed by BAZoo reporter on
the subject Mr.. Lamm would not state
whether he intended to prosecute or not,
simply saying he did not know that ne
| had d -n and.d the surrender II the priso-
N r. 10 the state withoHt trial by the mu-
nicipal authcriiirs, but it had been re-
fused. and that a trial such as had been
h d by the city very much complicated
matters and threw great obstacles 10 the
way of
JUSTICE UNDER STATE ACTION.
While all this may be trus, ii certainly
cannot be true to an extsnI that would bar
an a ion for felony on the part OF the
stale, and certainly 10 al justice aud far
mss II ought not 10 bar an action for a
misd. mesnor, notwithstanding the l.w
/, Divides a man csnnot be punished
twce for tie same oiense. Without
nrstendino 10 be a la syer the BAzoo
taking tn. ground that all law is founded
ON cemmon sense with a view TO securing
Justice and preventing crime, tails to See
why a city clothed with power TO project It's
people from the greater dangers oil lnsno-
...,l, asln
peoplei communities, by municipal laws
ipd, pendent of state laws and which have
no power TO go beyond simple misdemean-
ors, can in the free exercise oil It's rights al
all infriuge upon or interfere with
THE ADMINISTRATION CT STATE LAW
even IS it applies to like misdeme'nor' to
ssy nothing OF the law that reaches the
| felon. The man who breaks into house
is guilty of burglary and if he enters and
carries away the smallest article OF us con.
tents he il guilty of grand l-rcsny, snd Is
presscu ed as compound felOu and punish
I'd for each separate count. Why then Is
not the m@n who enters q city aud creates
a disturbance and scandal upon the
community MT vi " OF a misdeme amor
should IN .ke him an, ndsb.e TO Il city's
laws. and If in the course of that disturb
ance he should commit felony why is Il
not lust as much OF a cOmpOund crime
and Just as ameDdab.e 10 the
laws for such cases as Is
that OF burg arv or l'rceny. G rtainly.
CITY court which has no power TO recogn1-
anything higher than misdemeanor do
not or is uct required 10 inquire into IN
motives which actusted felony or to Tax
/. ccgniz. nce of tie fsct that felony ha'
been committed when il ADMINISTERS
r THE LAW FOR A MIsDEMEANoR,
and there ought not to be any ground io'
setting up plea OF interference with The
law Tor felony bsc1use the law Tor muulcI
psi misdemeanor has been invoked.
l.. iowcv. r. III h ALL l. he rasa 'ht
n .thway 40 Ih. murderer i III - issIL =
simple and pla n. All he Ieel d. To S.
cure immunity from the law Tor ieipny l.
10 perpe .rste some misdemeanor In connec
ton with his greater crime aud 10 s
arrange that he shall be tried andpunished
for the former, and he will thus be free T.
commit any h.i1ous crime without Tear o.
punishment.
Such talk is the shesrest nonsense auC
too fimsy for consideration, and II there
ever was a Csc where it should be cle.rlI
proven thai it is so the case o. james OgaI
Is one.
That he intended II murder his OWL
brother in his drunken frenzy is not cnll
proven by the vicious manner In which Ia
USED HIS DEADLY KNIFE
upon him while he had him down anC
I owerless, but by his open and pro an
I decIs ration made the moment before N
r took his knife from his pocket and that hl
failure 10 accomplish the terrible deed wa
due so ely to the fact that bis brother II
D his desperate struggle to save his Ill
, caused jim Ogan to lose his knife, is ais
1 evident by his repeated assertion to re
monslr nee while seeking 10 regiin thu
knife, that he would kill him and Intente.
to Kill him. 1t will not do for human lif
TO be held so chesply in Sedrlis tina: Tn
= mere persistence of the municipal author
. tiles to hold and try man for violation o
an ordinance, covering simple Inisde
meanor, shall act as bar TO trial TOR II
ony, and if Ogan is not prosecuted Dior
a county officer, then the grand jury shoul
q take the matter in hand aud let the publ
: know why 1t is not, and where muricipa
n and state authority conflicts, and provli
/ proper remedy, though it should be niece:
n sary TO 90 TO the highest tribunal in III