The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-29
Proposed Prosecution Against
McColIum Is Dropped.
Papers We're Ready to Com
mence an Action.
MIR. CLEMENS is WARY.
Says "They Failed to Attend to
Necessary Details"
Explains Why Chief and City
Are Liable.

A few days ago movement was on
foot to bring proceedings against Chief
of Police McCollum for the purpose OF
ousting him from office because of his
destruction of a carload of Ferd. Helm
beer. 1t was also proposed to sue the
city for the value of the beer. But it
seems that the whole proceeding has
been sidetracked by the beer combine.
which is very well satisfied with Nc
Columns way of controlling the
joints.
One who seems to know what he is
talking about says that the beer COM
bine" paid the Ferd. Helm brewery the
value of the beer spilled by McCollum
for the purpose of stopping the prose-
cution.
G. C. Clemens was the attorney who
was preparing to file complaint against
McCollum and damage suit against
the city. He said today:
1T was a case of dead medicine
against McCollum. He could not only
be thrown out of office for spilling that
beer but he could be subjected to i'm
prisonment and fine. I was expecting
to file complaint against him with the
county attorney. and the county attor-
ney could not have done otherwise than
prosecute the case. But they failed to
attend to few little necessary prelini-
naries to filing the papers, and the re-
suit is that the papers are now in my
wastebasket.
1--WE could hold the city liable for the
value of the beer spilled, under the riot
law. There were more than three peo-
pie engaged in destroying that beer.
The supreme court has held in the Ma
ton and Boies cases that beer is prop
erty, and is not contraband. When
three or more people unlaWfully de-
c Ia
it happens that the three persons are
Officers of the law. that only makes it
worse" n .sxtBE
The facts of the case are. briefiy,
that Chief McCollum Searched the Mat
Cave wholesale liquor house and seized
n carload-of keg and case beer, which
he took to the basement of the city
prison. That night before replevin
papers were served, ana before the case
was tried, policemen worked for hours
pulling corks and knocking out bungs.
All the beer was dumped into the
lsewer, but the bottles and kegs were
and is not under bond. and the law re-
lieves the city for liability for the acts
of its police officers.
Section 2494, statutes of 1901. is the
search and seizure act. 1t says in
part:
and seize and take into his
custody all intoxicating liquors, glasses
bottles, kegs. pumps. bars or other
|
of information which he may find at
such place, AND SAFE$Y KEEP
| SAME subject to the order of the
court"
Mr.. Clemens says Chief McCollum
failed to do. He says:
"McCollum had no right to destroy
that beer any more than he would
have right to destroy horse or a
bureau, or anything else which he was
afraid some one would replevin from
him. 1t is a question whether or not
McCollum is not in contempt of the
district court by thus trying to avoid
the effect of order issued by that
court which he knew was about to be
served upon him. He certainly is in
| contempt of police court, for he did
not wait for an order from that court
to destroy the liquor. The law gives
people ten days to appeal from police
court to the district court, and until
that ten days has expired. the chief.
of police has no right to destroy con-
| fscated goods
The following sections of the crimes act
provide the further steps in the legal.
net which is woven about Ch1et McCol-
Sec 2194 Every person exercising or
holding e. any t 0of ef %p pn0G and ns Malicious
oppression. partiality, misconduct or
abuse Of authorify in in , MS 9fieiai s m
viction be punished by imprisonment IN
a county jail for term not exeeeding ed
one year and fined not exceeding $l.0OD.
| Sec 2196 Every person who shall be du-
ly convicted of any of the offenses men
toned in the preceding sections OF TINS
holding any office of honor. trust or profit
under the laws of this state and from
voting at any election.
! Sec 22OO. Every officer who shall be
convicted of any offeHse which by this or
any other statute is punishable by dis
qualific cation to hold office, shall. in acdi-
ton to the other punishments provided
for such offenses, forfeit his office.
| It seems that the law is sufficiently
plain to convince any one that Chief Nc
CoIIun laid himself liable to impeachment
by his action in destroying Ferd Helm
beer. This being the case, does 81, not 1t
who are, according to c. V. Wolf. being
so terribly prosecuted by Chief McCollun,
should neglect the opportunity to throw