The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-08-09
THE BOGUS DRUGGISTS
A Grand Jury Called to Look Into
Their Cases.
THOSE WHO SELL WHISKY ILLEGALLY

jury circulated by the temperance cru
SADIE committee, Judge Hazen has de-
cided to call a grand jury for the fall
term of court. although he does so under
protest
The petition was signed by III voters
and taxpayers, and Judge Hazen must
call the grand jury in accordance to law
when petition properly signed Is pre-
scented to him.
In announcing his determination to
call the grand jury, although under pro-
test, Judge Hazen gives his reasons for
protesting by saying
IN the first place a grand jury Is
expensive luxury to the taxpayers. 1t
costs from 500 to $I25 per day to run
grand jury; and there would seem to be
no present necessity for imposing this
additional expense upon the county.
'At the September term, 1882 a grand
jury was called in response to IA petition
presented to his honor, Judge Guthrie.
This grand jury, with Hon. n. Z. Nc
Farland as foreman, attended by r b.
Weleh, county attorney, returned ten in
dictments, eight Of which were for viola
tions of the prOhibitOry liquor law, one
for forgery aud one for gam bling. hese
ten indictments were afterwards disposed
of as follows; The party indicted for
gambling entered a plea of guilty, the
county paying the costs. Under the
costs paid by the county. OF the eight
indictments under the prOhibitOry liquor
law three were dismissed, costs paid by
the county; two dismissed at the cost of
the defendants; and in the other three
no arrest was ever made.
'sThe next grand jury was called upon
a petition properly presented to Judge
Guthrie at the April term, 1891. This
grand jury with Hon. 7. Dwight
Thatcher as foreman, attended by R. B
Welch. county attorney. returned eleven
indictments: One for assault with intent
to kill, one for grand larceny, one for OBJ
tanning money under false pretenses, and
eight for violations Of the prohibitOry
liquor law. The Indictments were after
wards disposed Of as follows: The party
charged with assault with intent to kill
entered plea of guilty; the grand lar
ceny case was dismissed, costs paid by
the county; the case of obtaining money
under false pretenses was dismissed at
the cost of the defendant In five of the
liquor cases no arrest was ever made;
two were dismissed, and one went to trial
which resulted in conviction, but the de-
PENDANT was never sentenced.
"Out of the entire work Of these two.
grand juries only one person was tried
(who was never sentenced), and two
pleaded guilty. There is no more neces-
sity for the calling of a grand jury at
the present time than there was at the
time those two grand juries were called.
and it is fair to assume that the result of
their labors will be about effective. 1t
is burden upon the taxpayers to no pur-
pose.
ct is we'll understood that the purpose
of the present calling of a grand jury Is
the same as that Of the other two namely,
to enforce tn prohibitory law. Yet ex-
perience shows that the enforcement of
the prohibitory law through grand juries
in this county has been failure
TQFf no hat mr.
is necessary for the purpOs= of investi-
eating the drugstores. A complete an
swer to this that the prohibitOry
law vests the probate judge with abso-
Lutte control OF the druggist He may
grant or revoke permit at his pleasure;
and it is only when it can be shown that
he has abused his discretion that his
action can be interfered with by APP
pellate court And there is no doubt but
what if il is shown to our present pro-
bate judge that any druggist IN the city
of Topeka has violated the prOhIbltOry
law either directly or Indirectly that his
permit would be revoked This is a more
satisfactory way Of handling the drug
gist than by indictment; for we all under
stand how difficult it is to convict d re-
putable druggist before jury when he
is selling liquor under a permit, although
his sales may not be in exact compliance
with the law"
It is probably true that the purpose o
those who signed the petition for a grand
jury is to get after the druggists for ille-
gal sales.
Judge Hazen in the above calls atten-
ton to the difficulty in convicting a
reputable druggist. 1t is not the reputa-
BILE druggist whose conviction is sought
or who can be convicted. but the class of
druggists the grand jury is intended to
reach is the large class
These disreputable places are known
by the fact that their stock generally
consists of few tooth brushes and bot
ties full of white and red powder, which
they seldom or never sell
The reputable and old established
druggists do not fear the grand jury, be-
cause they do a legitimate business IN
drugs and medicines. but the white pow
der and tooth brush display liquor deal
ers are the class of druggists who do not
want q grand jury called and who will as
Judge Hazen intimates leave the state
about the time the grand jury is to con-
vene. The difference between indict-
ments now and former indictments IS that
there is now an association organized to
see that cases are not dropped
Judge Hazen says he Will convene the
grand jury some time IN October.
Dissolution Notice
Notice is given that the partnership
heretofore existing between De l. Rugg
aud F. II. Webster doing business as the
Green Coal Co. is this day dissolved by
mutual consent
All notes and accounts due the Green
Coal Co. are payable to +. II. Webster,
who assumes the Indebtedness of said
company. De l. RUGe,
F. f. WEBSTER
Also business will 60 right on at the
old stand. 532 Kansas avenue. Needless
say shall be very glad 70 see those