The Globe-republican., 1890-07-23
FOR CONTEMPT.
Riley County Onicials to show Cause Why
They should Not he Punished For Prose-
cutting Original Package Men.


Riley County Omcials to show Cause why
They should Not He Punished For Prose-
cutting Original Package Men.
TOPEKA, Kan, July 19.-Yesterday
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 X 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 in iunc-
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, of Manhattan. repre-
sented the complainant Aside from
the Judge being a respondent, the case
presented no new phases.
Arguments were made by the counsel
named and the power and right of the
Federal court TO enjoin a State court
was discussed ct 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
be public nuisance, ne had some Curl
osity to know what were the views Of
the court of Riley County.
I'm my school days" said the Judge,
I'VE 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 a
means of regulating the dressed beef
business, but if Judge Spillman's position
is correct the remedy is plain-declare
every place where dressed beef is sold q
nuisance and arrest every agent of tho
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"
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 act upon their own
jurisdiction. There is a power behind
the Judge, and that power must be
invoked by some one else before the
judge acts. In a sense it may well be
said that to enjOin 4 ministerial officer
of court is to en- Join the court itself,
but surely the Federal court has tho
right to enjoin ministerial officer from
uolhS ah uhooholi'u0ioii"i al" iii' S''' "O'
Upon the question of the power or the
right of q Federal court to enjoin State
court l am not prepared to make e
decision. / therefore deny the applica-
tion so far as it relates to Judge Spill
man, but grant a 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 2S. and show cause why they
should not be punished for contempt in
disregarding the injunction granted by
the Federal court in the case of NJ.
Samuels, Manhattan original package
dealer.