The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-11
X. U. A. ILLEGAL.
Supreme Court Terms Utopian
Association Subterfuge.
" 4 Device Planned to Evade
the ProhibitOry Law
BOARDS ACTION LEGAL
Has Right to Separate White
and Colored Scholars.
DR.. Meffert Loses His Case
Against Registration Board.

The Kansas Utopian association is an
Illegal organization. So says the su-
preme court The court says that
stripped of its subterfuges and pre-
lenses. it IS a whisky saloon. a device
artfully planned to evade the prohibi-
tory law. so patent that it hardly de-
serves the serious consideration of
court
This decision will knock out the two
hundred or more lodges of the asso-
citation in the state Frank Bush of
Belleville. the grand lodge of the or
ganization, says that it has 65, 600 mem
bers in Kansas. If this is correct these
5000 members win have to find some
other way of getting their drinks or
else 90 thirsty.
The decision is rendered in the case of
the state against Matt Peak, who was
lodge keeper" for the local lodge at
Everest. Brown county. He was ar
rested and found guilty under the pro-
hibitory law. and the association ap-
pealed his case to the supreme court.
Numerous keepers have been convicted
before but this is the first case that has
been appealed, and test case was made
of this one.
Justice Green, who wrote the opinion,
4CNACWo Al4C case d. lOilOWO.
Matt Peak appeals from a convic-
ton of selling intoxicating liquors and
keeping a nuisance. The appellant was
local manager for what was called the
Kansas Utopian association, at Everest.
Ks This association appears to have
been orga anized for the purpose of keep
ing on hand stock of intoxicating
liquors for the exclusive use of the
members of the association. and pei
sons whom the members might invite
with them to the place where the
liquors were kept to partake thereof.
ANY person desiring to become a mem
Der OK the association might do so by
paying TO the manager two dollars and
signing a book. We are not informed
what this book contained The two dol
lars thus paid was used IN the purchase
sE HGuors ana w1en one became 4
member he immedia teiy became a joint
owner with all the other members of
whatever stock of liquor was on nanG
at the time. A member could get any
quantity Of LIQUOR he desired, by the
drink, bottle or otherwise, by paying
therefor. The price charged for a glass
OF beer was five cents, of whisky per
drink ten cents. If the quantity taken
at any time did not exceed two dollars
the member could pay the cash therefor
or have the amount charged against
the two dollars already advanced. The
liquor was kept in bulk and no attempt
at separation was made until one Of the.
members called for a drink or bottle
when such amount was Withdrawn from
the common stock and delivered either
upon the payment of cash therefor or
charged as indicated The liquors were
kept at the lodge room of the associa-
ton, where the members and their
friends resorted for the purpose of
drinking The appellant was the keeper
ana the evidence fully sustains the
charges Of the sales to the members of
the association. il the delivery of the
liquor to such persons and receiving paw
therefor as indicated shall be held to be
a sale
The contention of the appellant IS
that this stock so kept by the associa-
tlon was the private property Of the
members and that he was selected fer
the purpose of delivering to each mem
Der that portion which was already his
and for the further purpose of keeping
an account thereof between the mem
bers, and to keep the stocks reDlenish-
ed from time to time as demand reauir-
ed from the funds thus advanced as an
admission fee and from that taken in
from the cash saies.''
In closing the opinion the court saws:
1t appears from the evidence that
the Kansas Utopian association strip
ped of its subterfuge and pretensss,
was a whisky saloon, device artfullv
planned to evade the prohibitory law, 50
patent that it hardly deserves the ser
ious consideration of a court. Laws are
made to be observed. not violated
Courts look with disfavor uDon cum
ming devices, gotten up in order to
evade the law This device does not
possess the charm of novelty A man
could paronize this saloon by paying
two dollars to become a member When
he wanted a drink. or any quantity of
intoxicating liquor, he paid for it. or if
the quantity did not exceed the value
of two dollars. he could have it charged
against the money he had advanced