Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-12-01
THEY CAN SELL LIQUOR WITHOUT
GOVERNMENT LICENSES.
JUDGE FOSTER so DECIDES.
MAY GET THEIR LICENSES AFTER
THEY ARE INDICTED.
This State of Affairs Will Hold Until
the Internal Revenue Depart
ment Modffes Its Present
Plan of Doing Busi-
ness.

Topeka, kas., Nov. G.-(Special.) Unless
the commissioner of internal revenue mod
ifies rule of his department in regard
to the issuance of government liquor IL
censes to fit ruling made by Judge Fos-
ter in the federal court here to-day, Kan
sas jointkeepers need have no fear of be-
ing punished for selling liquor without a
government license 1t will be almost an
impossibility to secure conviction-so
nearly so that United States District Attor-
ley Lambert says it Is doubtful if he ever
brings another case of, that kind until the
rules of the department are modified.
The ruling of Judge Foster, which brings
about this most extraordinary state Of
things. was made to-day in a case on trial.
George Franklin, of Jennings. Kas., was
arrested some time ago on the charge of
selling liquor without government IL
cense. The indictment charged that the
sale was made on August Is last, and
that at that time he had no license. This
point was proven conclusively. In fact.
Franklin did not deny it, but when the
government had rested its case. his at
torney produced stamp which had been
issued by the internal revenue collector for
the district of Kansas on August 30, four
teen days later, and claimed that, by rea-
son of that stamp, the government had
no. case against the defendant.
Upon examination, it was shown that the
license covered the entire month Of August,
although issued the next to the last day.
Judge Foster asked how it come that the
government Gid that kind of work. Dis
trict Attorney Lambert said that, although
the license was issued for the entire month,
the department had not intended that it
should protect the one to whom it was
granted from prosecution If he had sold
liquor prior to the date of issue. In other
words, he said that If man wanted to
sell liquor on the last day of a month the
government charged him license for the
whole month. Chief Clerk Pagan was
called to the witness stand and questioned
by the court. He gave the same version
] as did Mr.. Lambert.
"You issued this on August 30, but were
paid for the entire month. were you not?"
asked the court.
I'VE did"
well. it doesn't seem to me that it is
right for the government to get pay for Ii
cense and then turn around and prosecute
a man who sells liquor during the time the
license is issued for"
Pagan admitted that it did look little
hoggish. He said that the matter had been
presented to the department, and that a
rule had been made not to split up a month:
II an application was made the latter part
u 'he hohtn 70 charge Tor the whole
month.
Judge Foster thought If that rule was
IN force the person who had got the license
should have the right to sell any time with
In the time stipulated in the license. He
therefore therefore ordered the jury to discharge
Mr.. Pagan also said that the department
had rule that required collectors to issue
stamps to applicants when the proper
amount of money was inclosed. and to date
the licenses back as far as the applicants
wanted them. SO long as they did not get
iEto the preceding fiscal year. Now ali
that is necessary for a person to do to
clear himself in case of being arrested for
selling liquor without a government stamp
Is, after his arrest, to go and get stamp
anu have lit dated back to cover the date
in the Indictment.
Then, when the case comes on for trial.
he can produce his license and that settles
1t.
The federal officials here believe that the
Kansas jointists who openly violate the
constitution and laws of the state anyhow
will now take advantage or the differences
between the rules of the court and the de-
partment and fail to take out licenses 1t
is conceded by all that until the court and
department get together on the license
proposition, 1t will be impossible to convict
a person of that crime.