The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-14
UNCLE SAM in IT.
Nay Take Hand In Topeka Joint
Fight.
Liquor Sellers Fail to Keep
Licenses Posted.
HAS BEEN REPORTED.
HAS BEEN REPORTED
Revenue officer Makes Investi-
cation of His Own.
Judge 7. E. Carver Expects Real
Results Soon.

The Topeka joint situation has been
reported to United States Revenue
Collector James Simpson at Leaven-
worth by one of his deputies who was
here last week. A "rattling of dry
bones is apt to come at almost any
time
It all comes about over the failure
of the Topeka liquor sellers to post in
conspicuous public place in their
joints, the licenses which they have
obtained from the government under
the revenue laws. The United States
makes this imperative, and upon fall
ure to do so, enforces a penalty of
either fine or imprisonment. or both.
It is not that the jointist wants to
hide his license. but because he has to.
Verify he is between the devil and the
deep sea. If Topeka jointist puts
up his government license in a con-
spicuous place where everyone who
enters the joint can see it, the laws of
the state of Kansas declare that 1t IS
prima facie evidence that he is selling
liquor and must be punished for it.
That is a dilemma indeed.
Topeka jointists have never failed to
get their government licenses. They
are uniformly much afraid of the
United States revenue department.
The collectors never have to come
twice for their money. But they
know that a posting up of their GER
tif1cate makes them directly liable to
state prosecution, and as a conse-
quence they have for years hidden
away these documents and not dis
| played them.
Assistant Attorney General Carver
was instrumental in calling this mat
ter to the attention of the government
| officials. ''I have been in quite a few
! joints in this city," he said today,
"and in none of them have seen the
government licenses posted up in con-
spicuous places as the law requires
that they should be. Last week one
of the revenue collectors was in the
! city and I went to him and told him
about the matter He told me that
he would make an immediate report
I concerning the situation to his depart
ment He did not say much to me
! further about it, only I am confident
/ that the government is looking into
! the matter. Either fine or imprison-
ment or both is the penalty of the
government for this offense. If the
! jointist does hang up his license where
you can see it if you go into his joint,
! then the state takes prima facie evil
! dence from it that he is breaking the
law It put him right between two
lfireS. I do not know that all of the
/ jointists in the city hide their licenses,
1 but / do think that the most impor-
! tant ones do. In fact, I went into a
! half dozen or eight of the so-called
4 big joints and in none of them did I
| see the license displayed. These are
all liable to punishment by the gov
| ernment, for conspicuous posting OF
the permit is imperative, made so by
| law. The revenue statutes are very
plain on that point The government
! has the matter in charge, and I an
/ ticipate results
| This may mean a federal grand Jury
/ in Topeka to take up this matter. At
| least that will be the course through
which it will be handled. The procedure
in the federal courts entails indictments
| in a grand jury in such instances as
/ these. The next regular grand jury to
be empaneled in Topeka will be in next
\ April. A wholesale violation of the law
as this case presents may mean, how
| ever. the calling of a special grand jury
to handle the matter.
| The Kansas State Historical society
will not participate with the Topeka
| Commercial club in the celebration of
this city's fifty-first birthday. This was
announced by Secretary Anderson of the
Commercial club today. THE historical
society is unsettled about its plans, -
said the major in the way of comment.
Il have received about 6fty requests
| for tickets to our banquet on the night
! of December So continued Secretary
| Anderson. IT do not know whether we
will hold it in one of the hotels or in the
rotunda Of the state house"