Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-02-06

Outteo, and Cou Not AfterWard
Prevent Removal Of Liquor-stats's
Attorney Register ID Hot and
Further Developments Ale Predicted
in Near Future.
Acting. he says. upon a misunder-
standing of his duties and authority in
the premises and presented with pa
pers in a replevin suit brought by the
Minneapolis, St. Paul ard Sault Ste
Marie Railroad company Tor the re-
covery of the beer seized in the raid
of last Saturday night, L. E. P. Quain.
as coroner, yesterday afternoon signed
the approval Of a bond in the sum
Of $1,000 and with A. T. Patterson, at
torney for the railroad company.
served them upon the officials of the
sheriff's office and took possession Of
the 1873 cases of beer stored in the
court room. AS soon as the possession
of the beer vas obtained. drays were
summoned into requisition and the
officials of the road and their attor-
ney directed it's removal from the
court house to the 500 depot, where
it was loaded into a csr and shipped
out of the city. The rcplevin action
was brought by the railroad company,
! q Of IL Wit boirD r,oIo thot th0v bod n ~
interest in the liquor for freight
charges. The papers in the case were
prepared by Attorney Patterson and
the signature of the coroner was OBJ
tanned. according TO the statements of
that official, through a misunderStand-
ing of his duty in the matter. When
the coroner learned that there was a
vigorous objection or the part of the
state to the transfer of the stuff to
the railroad company, that the law re-
quired in cases of repitvin that the
property be held for three days to give
the state an opportunity 10 respond,
and that the state would claim that
the seizure by replevin was without
warrant OF law, he made a hurried
trip to the Soc depot, and ordered
tStllt al uOIu, " tIc oCO IOdu. uOJ ~
remove the beer from the yards, as it
was in his possession as coroner. The
orders were not needed and the beer
went putting away into the distance.
When States Attorney Register
learned Of the seizure of the beer I'M
der replevin. he made immediate ap-
plicatiOn to Judge Winchester of the
district court for an injunction to pre-
vent the removal OF the beer from the
jurisdiction Of the court This injunc-
ton was made upon til affidavit OF
Sheriff WEIGH, who was out of the
city when the repleviL papers were
served, and who, when he learned OF
the action that had been taken. made
an affidavit that he had held the beer
in pursuance of, the order of the court
that it was contrahand and was evi
dence obtained in a LIQUOR raid. and
that its replevin was without war
rant OF law and Illegal. Judge Win
chester issued the injunction papers
and they We're served at the homes
of Agent Arnold and Superintendent
Derrick. Neither official could be
found and the injunctions were left al
their homes. AS the meter stood last
night there was a carload of evidence
somewhere along the 500 line. with ar
injunctional order against its remova
from the jurisdiction Of the district
court, which extends to the boundary
line of Logan County.
Further interesting proceedings will
doubtless be had in the matter. State.
Attorney Register said last light tina
in his opinion the seizure and remova
nf tho boo~ v,o, X Z.
not a conspiracy to defeat the end.
OF justice. 1t is not improbable tina
criminal proceedings may result.
The Easy Pill.