The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1901-07-12

common expression on the street that
something important was about to
happen because all the jointists were
busy with drays and otherwise remov-
business. When at ! p. IN. the ar
rests were made and the places search
ed for contraband goods, as might
we'll be expected, none was found.
The committee would like to know
who is responsible for the information
given or why the arrests were only
made after such long delay.
All but two of those arrested fur
nished bond to appear for trial at
court. Those two went TO jail and at
once instituted habeas corpus pro-
ceedings, asking the court to dis
charge them on the ground that the
complaints were made by a private
individual and not by the County
Attorney.
Afterwards the committee had an
on the status of the cases. He inform
ed the committee thai he felt confident
the cases could not he tried as now
filed. When asked whether he would
use the committed 5 evidence and bring
suit, he said he wolld use his own
judgment in the matter and did not de-
eli 10 ha Il 20 hxr
Upon further appeal he promised the
committee that he would have com
plants ready to file against the accus-
ed as soon as the Court would decide
in the event that the decision would be
adverse TO the committees action.
The court upon investigation sus-
tanned the petition Of the two defend
ants and they were discharged. This
in effect would discharge all the other
defendants although their namesl re-
NAMED on the Court Docket. After
some delay the County Attorney filed
complaints against four out of the
sixteen persons against whom the com
committees witnesses pre- scented them
selves before the County Attorney to
give testimony against all of them.
This was discouraging to the com
mittee for the County attorney insisted
on being the sole Judge as to his
course, and that he had sufficient rea-
s,ng foo.n,t br;nn,i,,,r s,,ito a ,a;n % A. a
others. The county attorney stated To
the committee that he was confident
that some of them had gone out of the
uni awful business some time pre-
vious and were now engaged in
useful and honest toll to support theiI
families and that he believed they
would not engage in the business
again: that he desired to try them anG
/ if they remained out of the business
the purpose of the law would be ac
complished as we'll as if they were
punished.
| Thus the committee, while the cour
docket showed that certain persons
were under arrest Tor violating TN
prohibition law, realized that the!
could not be tried unless the Count,
Attorney would bring new suit
against them. Two of these accused
proved to the satisfaction of the com
mittee thatthey had vacated their bui d
ings and had gone out of business
These persons proposed that the.
would pay the court costs and woul'
pay the committee what expenses
had incurred in their cases, if
committee would permit dismissal
Upon further consideration tn
Committee agreed to do SO with tn
express condition that If they agail
entered the unlawful business, the oil,
evidence would be used against then
and three cases were thus dismissed a
the March term by theceunty attorney
All the other cases we're continued t,
the next term OF court,