The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-19
UNCLE SAM R0ARS
he TAKES A HAND IN THE JACK
DAVIDSON LIQUOR CASE
assistant Attorney General Campbell and
His Subpoena Duces Tecum are Called
Down-The United States of America
Says Colonel Huffman Must Not Pro-
duce His Revenue Books in Judge
Reeds Court-Judge Reed Asked to
Ouash the SubpGna-WII Decide the
Case this Morning.

The United States of America took
| a hand in the Jack Davidson LIQUOR
| case yesterday and Assistant United
States Attorney Mason appeared in
Judge Reeds court and filed his mo-
ton to quash the subpoena duces te-
| cum issued by the court to Colonel
Huffman and Henry Huffman to pro-
duce internal revenue records as evil
dence against Jack Davidson.
Mr.. Mason appeared in court with
Colonel and Henry Huffman yesterday
morning and presented his motion in
| the case as follows:
In the District Court of the State of
Kansas. Sedgwick county.
Comes the United States of America
by W. c. Perry, United States attorney
being duly authorized by the Hon. G.
w. Wilson, acting commissioner OF the
internal revenue department OF the
United States and moves this honora
BILE court 10 discharge w. Z. Huffman
and Henry Huffman from the subpoe-
ma duces tecum for production of rec
ordS of the internal revenue depart
nent before this honora BILE court for
the following reasons:
First-That said records are not re-
quired 10 be produced by them under
the said subpoena under laws of the
United States and the state of Kansas,
and it is against ublic policy for same
TO be produced.
Second-It is a rule of the internal
revenue department and the treasury
department of the United States and
said w. Z. Huffman and Henry HUT
man have orders from the Honorable
commissioner of internal revenue not
to produce any records of the internal
revenue department in the courts of
the different states of the United States
under subpoena as served in this
case.
Thrd-Said records contain no evil
dence that is material to the trial for
the case in this court.
(Signed) w. C. PERRY.
United States Attorney.
Mr.. Mason said: IF the court please
/ want TO say that Mr.. Huffman was
called yesterday and was not here.
He was kept away from the court by
reason of business. If the court please
in support of this motion / have to
offer the following affidavit
In the District Court of the State of
Kansas, Secgwick county.
Comes now W. Z. Huffman being du-
ly sworn and says:
That he is the deputy collector of in
ternal revenue, with office at Wichita,
Kan, and ne is duly qualified and now
acting as such deputy collector. That
a subpoena duces tecum was served up
on him, issued by the clerk of this
court, directing him to bring internal
revenue records in his Office before the
court. Affiant says, that he has or
ders from his superior towit: the Hon.
r. B. Morris. collector of internal rev.
enue for the district of Kansas; the
Hon. CT. X. Wilson. acting internal
revenue commissioner not 10 produce
any records or books in his office at
Wichita, Kansas, under order of said
subpoena. because said officers claim
he is not in law compelled so 10 do and
it is rule of the department not to
produce the books of The department
before the courts unless ordered by the
officer in charge.
(Signed) W. E. HUFFMAN,
Dep. Col. |
State OF Kansas, Sedgwick county, IS.
Subscribed and sworn to before me
this 18th day of September, 1895, by W. |
Z. Huffman.
S. n. BRIDGEMAN.
Per C. II. LULING, Clerk. |
Deputy.
Snow if the court please, in regard |
TO this motion We wish to call atten- |
ton to the fact that these records con- |
tain no information of value TO this |
court was put in for the purpose of !
calling attention of the court to il. |
We also want you to notice that the |
department has ordered these men not |
TO produce these books. They ought |
not be compelled to do a thing that the |
has ordered them not to |
do.
I'VE take the ground that to do so |
would be against public policy. L am
informed by telegraph that this ques
ton was passed upon by the district |
court at Newton several years ago but |
WAS called into this case without any