The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-22

Client Out of Jail-Able Arguments on
Both Sides but the Citizens Club Seems
to have the Law on Their Side-Enforc-
ing the Law Chief Massey Violates the
Law.
Chief Of Police Park Massey is not in
lail. He is out because of generosity
and tender heartedness of Justice
Jones.
Cneif Massey had his hearing in the
contempt case and he failed to show
cause Why he should not be committed
70 jail, Justice Jones said he would
commit Chief Massey for contempt and
TIE big crowd present expected to see
Cnlef. Massey walk TO the Jail with Con-
stable Tom Voss or turn that liquor
over at once.
He did neither but when that lower
lip of Bill Campbell's that has been
drawn up SO tightly for the last ten
days in a firm determination to enforce
the law relaxed and he begged JUS
tee Jones to withhold his decision I'M
III morning so as to give him a chance
TO get out habeas corpus proceedings
Justice Jones relented and did it.
The men who were SO relentless in
their prosecution of law breakers were
begging for time to keep the chief of
police out Of Jail because he stood be-
fore the bar Of Justice Jones' court
convicted of law breaking in the mind
OF the court.
There was a vigorous kick in the
crowd when Justice Jones announced
what his decision would be but with
neid IL 10 keep the chief Of police from
he is just as much law breaker as
1olntist," said one, land he and Rows
never snow any mercy to the jointists.
Ihey even arrested Matt Wall and
JACK Davidson and sent them TO prison
without letting them have and opportu-
nifty TO give bond
when the case was called in Justice
Jones court yesterday Otto Eckstein
ana Kos Harris appeared for the Cit
lzens club and Attorney General Camp-
bell5 for Chief Massey.
MI Eckstein opened for the plaintiff
IN an able argument 10 show that the
VIII or repleVin was regular and when
Chief Massey refused to recognize IL
court VI
ne made a strong point by referring
70 decision of the supreme court of
Kansas in which it held that the clerk
OF the district court was bound TO issue
d Wrlt OF repIevin upon proper presen-
tation and that the court could not even
enJoin him from doing it
he said this was a contempt case and
that the answer filed did not give a
reason for Withholding the goods and
the question for this court to determine
Is not the merits OF the case as TO own
ership of the goods described in the
writ but whether a writ from this court
must be obeyed.
When these parties undertake 10
ENFORCE the laws they themselves must
obey the law IF this court can issue
a writ OF replevin it would be an anom-
a4y 10 say that il cannot enforce that
VIII. II must be oheyed. No man can
Try the rights of property in a Justice
court II the right OF replevin is denied
him.
We here have the spectacle of men
whose DUTY it is to enforce the law vio-
Iauns the law and setting at naught
me processes of courts of justice. VIII
THIS court allow them TO DO it,
MT Eckstein argued at length and
showed that the court decisions referred
20 ny him were identical with the case
now under considera ton.
Attorney General Campbell followed |
Alr- Eckstein and made a strong effort |
10 show that the liquors being alrea DIV
n the hands of the law could not be !
replevined
When party" he said, desires to
recover property wrongfully held by an
other person he may commence an az
ton Tor recovery of the property or
cilns action Tor damages for wrong
fully using il.
1T was a rule Of the common law
that writ Of repleyin could not be
sustained for the recovery Of property
already in the hands Of the law. 4
writ of replevin should not and cannot |
pe sustained against court or the |
olhcefs OF the law when such surren-
der or property would interfere with /
the ordinary administration of crimi- |
mai law"
Mr.. Eckstein here interrupted the at
'oIney general and asked him how the .
Plaintiff in this case could recover its
property II IN the hands of an irrespon- !
sioie party and was DESTROYED. but Mr.
campbell answered TIA; that was not |
MS side Of the question and that was
MI tckstelnS business TO find out 1t 1
was also developed during this cross
fire that while a constable and sheriff
must give bonds that the chief of po-
lice does not do so.
Mr.. Campbell proceeding said: ct
Is the duty Of the citizens club to show
mat these liquors were not held for IL
Iegai sale The real question To be de-
clfed mere Is. who shall retain possess
ION of these liquors until it has been
determined legally by the court
1
chief OF police because they We're found /
in place where the prohibitory liquor
law was being violated. II is his duty
TO destroy them if the parties are con-
Nicted of Illegal selling and how can
ne destroy them if he does not have
them in his possession
IF this replevin is sustained It will
nullify the prohibitory law
and no liquors held for illegal sale could
be destroyed. All that would he neces-
sary TO do would be to have a third par
" to claim them and suit out a writ of
repievin for the liquors
Mr.. Harris followed the assistant at
torney general in what many claimed
was the ableSt speech ever heard in A |
court. He talked rapidly for more than |
an hour and ii would be impossible
10 give even an outline of his argu-
ment
III was an arSumenttative speech and
some OF the people present renarkd
that Eckstein furnished the law and
Harris the argument and before the
speech was finished the crowd made
Up its mind that Chief Massey would
be found guilty of contempt of court
and would either go to Jail or deliver
the goods in the writ
Mr.. Harris said that he did not he
ieve that Judge Campbell 50 intended |
but he had nevertheless garbled the !
decision of the court and he read the |
decision and the statute law upon !
which the decision was based TO prove |
his assertion.
The right of trial by jury is-sranted |
by the constitution of the United States
and by the constitutions OF all the |
states and II this court is going 10 de- |
Tide I would like to know where the
Jury trial will come in. The records