Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1890-07-24
FOR CONTEMPT

Riley County omclAis to show Csnss- why
They should Not He Punished For Prose-
cutting Original Package Men
TOPEKA. Kan, July 1s.-Yesterday
Judge Spillman of the district court OF
Riley County, together with the county
attorney, f. L Irish. and the sheriff.,
ID W. NALL, appeared in the United
states District Court as respondents in
an action brought by George Hemsley,
an original package agent at Manhattan.
Tor Giassner & Barse. Wholesale liquor
dealers of Kansas City, TO enjoin the
judgesand the officers from prosecuting
him or in any manner interfering with
his business
This is the first of the many in Juno
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 mball, OF Manhattan, repre-
sented the complainant Aside from
the Judge being 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 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-
be public nuisance, he had some curl
osity to know what were the views of
the court of Riley County.
In my school days" said the Judge.
A&rx-car cod 90
would be the result if an irresistible
force should strike an immovable body?'-
We were never able to arrive at a 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 Cor 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
nuisance and arrest every agent Of the
packing houses for keeping and main
tanning a nuisan 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 nioining
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. 1--WE should moo presume that
courts act on their own volition,'. he
continued, ''or Chat the judges of
the courts act upon their own
jurisdiction There is q power behind
the judge, and tha9 power must be,
invoked by some one else before the
Judge acts In sense it Chay ell be
said that to en- Join ministerial officer
of a court is to en- join the court itself.
but surely tie Federal court has the
right to enjoin = ministerial officer from
doing an unconstitutional and illegal act
Upon the question of the power Or the
right of a Federal court to enjoin State
court / ana not prepared to make =
decision / therefore deny the applica-
ton so far as it Eelates to Judge Spill
man. but grant temporary injunction
against the sheriff and the county at
torney."
Judge Foster cited the county attosO
ney of Riley County and the sheriff, D.
w Naill- to appea- before him Monday,
August IS ana show cause why they
should not be pSnished for contempt in
disregarding the in junction granted by
the Federal court in the case OF NJ
Samuels, a Manhattan original package
dealer.