The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-04-09
He TOOK ORDERS.
LIQUOR Firm Attacks a Feature
Of the PrOhibitOry Law.
William Bergen, Their Agent,
Arrested While Soliciting.
HE is NOW IN JAIL.
Suit Commenced in U. S. Court
to Secure Release.
Claims Protection of the Inter
state Commerce Law.
HE Is NOW IN JAIL.

The validity Of the prohibitory law, or
a portion Of it at least, has been attack
ed in the United States circuit court on
an application to Judge Hook for a writ
Of habeas corpus. The application is
filed by ]. c. Rosenberger for William
Bergen.
Bergen is a solicitor for firm OF
liquor dealers Of Kansas City. His bus
mess is to travel around over Kansas
and take orders for liquor from convi-
vial Kansas people in localities where
there are no joints. He is not follow
ing his regular business just at present
for the reason that he is lying in the
Franklin county jail at Ottawa.
The application for the writ cites the
facts that Bergen took an order Tor a
gallon of white wine from a man named
Stewart at Williamsburg, and that ne
was soliciting other orders when arrest
ed. lie says he received no money Tor
the order and does not know whether or
not it was filed. as the orders he takes
are subject to the approval Of his house
Lou ClaypOOl SWOre out a warrant IOt
Bergen, charging him with violating the
prohibitory law and he was arrested and
tried by a jury before J. NJ. Barthoiow,
a justice of the peace at Williamsburg.
IL was convicted of making an attempt
to sell liquor and he was fined $3.50 and
costs. a total Of $69.s5. In default Of
the payment of the amount Bergen was
taken 10 Ottawa and turned over to the
sheriff of Franklin county, S. P. Cosu-
gan and locked up. He asks in the
application for the writ that Costgan
be instructed to turn him loose.
Bergen's attorney claims that the sec
tiOn Of the prOhibitOry law under which
rhe conviction was secured is in opposi-
tion 20 the United States interstate
commerce law. and is in restraint of in
terstate commerce. and therefore null
and void. The section referred to reads
as follows:
ANY person who shall take or re-
ceive any order for intoxicating liquors
from any person in this state. other
than the persons authorized to sell the
same as in this act provided. or any
person who shall directly or indirectly
contract FOR the sale of intoxicating
liquors with any person in this state
other than persons authorized to sell
the same, shall be deemed guilty Of a
misdemeanor, and upon conviction
thereof shall be punished therefor as
provided in this act for selling intoxi-
eating liquors"
Another section provides that per-
sons attempting to commit certain
crimes but not succeeding in the at
tempt shall be punished half as much
as though they had been successful.
The particular provision under which
Bergen was sentenced reads:
II the offense so attempted be pun
ishable by imprisonment in the county
Jail and fine. the offender convicted of
such attempt may be punished by both
imprisonment and fine or either, not
exceeding one-hah the longest time of
imprisonment and one-half of the larg-
est fine which may be imposed upon a
conviction for the offense so attempted. -
The application has already been pre-
sented to Judge Hook and he has made
it returnable tomorrow. at which time
the matter will be argued before him
IN the federal court.