The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1890-07-25
FOR CONTEMPT.
Riley County Officials to show Cause wins
They should Not BE Punished For Prose-
cutting Original Package Men,

Riley County Ofiicials to show Cause why
They should Not Re Punished For Prose-
cutting Original Package Men.
TOPEKA, Kan, July 19.-Yesterdsy
Judge Spillman of the district court of
Riley County, together with the county
attorney, f. L. Irish, and the sheriff,
D. w. Naill, appeared in the United
States District Court as respondents in
an action brought by George Hemsley,
an original package agent at Manhattan
for Glassner & Barse, wholesale liquor
dealers of Kansas City. to enjoin the,
judge and the officers from prosecuting
him or in any manner interfering with
his business.
This is the FIRST of the many iniunc-.
ton cases brought IN the Federal court.
in which the Judge of the court was
made party respondent. Judge Spill
man, County Attorney Irish and Attor-
ney-General L. B. kellogg appeared as
counsel for the defendants and Hon.
Samuel Kimball, o. Manhattan. repre-
sented the complainantA Asidse from.
the judge being a respondent the case
presented no new phases = 49, ~
Arguments were made by the counsel
named and the power and right of the
Federal court to enjoin State court.
was discussed at length.
In giving his opinion Judge Foster
said that as the evidence showed that
Hemsley was engaged in the sale of
original packages only, that ought to-
have ended the case, but as Judge Spill
man had held the plaintiffs business to
hfa h1io urric ha haA ON ri
,osity to know what were the views of
the court of Riley County "A 'jgffTi
I'm my school days" said the Judge,
1--WE used to discuss the question, What
would be the result if an irresistible
force should strike an immovable body?>
We were never able to arrive at salts
factory solution OF the question, but
Judge Spillman seems to have solved
the problem and he finds that the result
would be nuisance To hold that in
the nuisance act is to be found the
remedy for this business is neither
good law nor common sense. The
various States have sought in vain for
means of regulating the dressed beef
business, but if Judge Spillman's position
is correct the remedy is plain declare j
every place where dressed beef is sold B.
nuisance and arrest every agent of the
packing houses for keeping and MAIN
tanning nuisance. Upon the same
theory you could abolish oleomargarine
and tobacco. In fact there would be
no limit to the nuisance theory if it
were established" zAtAgfFi
Referring to the question of enioining
one court, by another, the judge said
that he did not like to see, any conflict
between the courts and that he believed
there would be none if each court
would keep and act in its own jurisdic-
ton. ,''We should not presume that
courts act on their own volition," he
continued, ''or that the judges of
the courts tact upon their own
jurisdiction. There is power behind
the judge, and that power must Be-
invoked by some one else before the
Judge acts. In sense it may well be
said that to enjoin a ministerial officer .
of court is to en- Join the court itself,
but surely the Federal court has the &
right to enioin ministerial officer from
doing an unconstitutional and illegal act
Upon the question of the power or tho
right of a Federal court to eujoin State
court 1 am not prepared to make G
decision. therefore deny the applica-
ton so far as it relates to Judge Spill
man. but grant temporary injunction
against the sheriff and the county at
torney."
Judge Foster cited the county attor-
ney of Riley County and the sheriff, ID.
w. Naill. to appear before him Monday,
August %, and show cause why they
should not be punished for contempt in
the injunction granted by
the Federal court in the case of NJ.
Samuels, Manhattan original package
dealer.