The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-12-17

He Will Probably Issue an Edict Against
is Made that as There are No Ordinances
Against the Sale of Liquor, the Police
have No Right to Store it in the City
neutrality-suspicious. Attorney General
Captures 10000 Drinks from a Rock
Island Car.
Mayor Cox is about TO issue an edict
as custodian of the city building
Yesterday number Of gentlemen
rallied to see him and asked him this
question: Are you custodian of the
city building and If SO why do you al
low 1T to be turned into a refrigerator
FOR liquors?''
The mayor scratched his head but
before he had time to speak one of the
gentlemen said: "I thought you said
one night in the council chamber that
the city was out Of the liquor business"
81. believe 1 did say something like
that"
well, then, why do you permit state
officers to be using the city building for
a storage room for liquors captured.
If the state is bound to indulge in the
liquor business why doesn't it have
storage room Of its own or use the coun-
ty building?"
Mr.. Cox promised to see about it and
Bt once went to consult and get advice
from the legal department of the city.
He was not seen by the Eagle reporter
afterward but II was learned from a
reliable source that he will issue an or
l. L .n-l.
For the storage Of captured liquors.
The idea seems 10 be from the talk
that prevailed, that as the city has re-
pea1ed all its ordinances against the
sale Of liquor the city building cannot
be legally used for the storage of liq-
Iors captured by a state officer and IN
der the state laws.
That a nice question of law will arise
there is no doubt. The police claim
that they have control over the jail and
that as the liquors are confined in the
Jail the mayors order viii not be hon
pred or respected. They claim that
they have as much right to use the Jail
for the custody of liquors as they have
10 use it for the custody of those who
sell the liquors; right here another ques
ton is raised and that is: have the pO-
lice a right toSuse the city Jail for the
care and custody Of men who violate
no ordima nee of the city ''If the Jail
Fan be used" one man asks "for the
custody of men who violate one state
law why can't it be used for the custo-
dy of men who violate any state law?'
And If it can be used for the confne-
ment of such men why can't they be
fed there at the expense of the city,"
The more questions that are asked
the more complicatio arise and the
deeper the subject becomes. 1t is not
unlikely that such a question will be
raised when Mayor Cox's edict is is
sued and that the whole matter will go
TO the courts for settlement.
The subject was brought up on &C
count Of the capture of a car load of
beer yesterday and its storage in the
city building.
Yesterday morning two officers were
stationed at the Rock Island railway
for the purpose of detecting Mahan
Bros. in the act of unloading liquors.
1t was reported to the assistant att
torney general that a large consign-
ment Of beer had arrived for delivery
10 Mahan Brothers ware house and he
made arrangements to strike them hea-
Wy by capturing it. 1t so happened
that a car load of beer came TO Henry
SchnitZler and when his wagon drove
up to get 1t the two officers that We're
watching thought the wagon was Ma
nan Brothers and they acted accord
ngly.
The chief Of police went down to the
railway with a detail of men and upon
the car being pointed out he ordered
them to seize its contents. Officer
Jake Harmon broke the seal of the fas-
tening, Officer Forby showed back the
door and in a short time the goods
were unlOaded and taken to the city
building where they We're stored. Short
iy afterwards a man named Miller was
seen in front of Mike Donivan's with
two kegs Of beer in his wagon and his
outfit was also seized. In the mean
time Henry SchnitzIers beer wagon
was captured and taken into custody
it was a sweeping haul and II caused
no little eXciltement-almost as much as
the unloading Of a circus.
The capture consisted Of 80 900 glasses
of beer. There were $500 quart bot
ties and sixty-eight kegs. The total
retail amount is S1.500 All this was
figured out at the police station by such
experts as Judge Tucker. Judge Camp
bell, Ben Downing and Henry Forby.
Judge Campbell said that he was going
to ask the court to declare the goods
contTaband in which case he asserted
that every drop OF ii would be spilled.
Judge Tucker quietly suggested that it
would not be a bad idea to have a lit
tie Christmas social in the court room
next week. In addition to the beer
the judge said there was some mighty
fine Angelica wine in stock and he had
been told that it was a fine drink.
There is quite a difference of opinion
between both sides as TO the manner of
the capture
The SchnitZler and railroad side Of
the question allege that the beer belong
ed TO Val Blatz Of Milwaukee and that
ii was sealed and in all respects ready
10 be sent back TO him. The officers
claim that SchnitZler had taken a load
out OF the car and delivered il to Her
ron's place and had also given Miller
TWO kegs out Of il and that the car was
sealed after ii had been in the posses |
sion of the officers.
Mr.. Eckstein said yesterday that the /
railroad company would protect prop
erty in its custody and intimated that !
il would make things hot for the men
who captured il.
SAYS HE HAS ENOUGH
Harry SUIT Sn Hands in HIS Resignation |