The Topeka state journal., 1905-05-05
MUST Get OUT.
County Attorney Hungate Keeps
a Moving.
Notices to Owners Of Buildings
Also.
HELD TO ACCOUNT.
Will Be Made to Suffer If Law
Is Violated.
Proceedings in Probate Court
Against Drug Stores.
WHAT WILL HOCH Do.
Saloon Cities Watching Governor
With Interest.
Refuses to Say What He Intends
to Do.
Proceedings in Probate Court
Against Drug Stores.
WHAT WILL HOCH DO.
Saloon Cities Watching Governor
With Interest.
Refuses to Say What He Intends
to Do.

Tn joints are expected to close their
places by midnight of Saturday. At
least this is what Chief of Police Good
win and County Attorney Hungate ex-
pect VIII be tie result Of the stand they
have taken
Thursday evening the Instructions
TO Patrolmen, prepared by County At
torney Hungae. were distributed among
the policemen by Chief Goodwin and
last night tie proprietors of all joints
were notified by the pOlicemen,on whose
beats the joints are located, to close
within As hours, per instructions.
At present the war against the joints
viii experience a cessation for the pro
prietors have been given 48 hours in
which to comply. If the instructions are
not followed further steps may be look
ed for Monday, according to the avowed
policy of Hungate and Goodwin.
Ine only new step taken by County
Attorney Hungate today was to send
notifications to the owners of certain
buildings, where joints are located, noti-
Tying them that joints will not be per
mitted to be located in their buflfPags
and that they had better take steps to
oust theiF jOintists tenants.
IhursCaay afternoon, after the Opera
House drug store had been raided
County Attorney Hungate appeared in
the pro, bate court and fled with Pro-
bate Judge Hayden a complaint
against the Opera House drug store
and ing the petition asked that the
druggFsts permit to sell intoxicating
liquoVs issued to that drug store. be
TeVoFed on the ground that the store
has Violated the prohibitOry law Judge
Hayden Immediately called upon the
pYoprietors to return the permit to the
probate court and if this order is not
compiled with today he viii revoke
the permit If the permit is surren-
dered to the court the prOprietors of
the Opera House drug store will be
called upon to show cause why the
permit should not be revoked.
Hayden May Take a Hand.
Tt is not unlikely that Probate
Judge Hayden viii take hand in the
present agitation for the suppression
or places where liquor is sold and had
County Attorney Hungate not pro-
ceeded against the Opera House store
judge Hayden would have summariIy
called for the surrender of the per
init en- the evidence produced by the
raid of the sheriff's officers. One of
the strange features of the incident is
that with all the war waged on the
joints by W. /. Dexter. secretary of
the State Temp perance union, and Chief
or Police Stahl no complaint has ever
Deen made in the probate court
holding druggists liquor permit.
This morning in the probate court
County Attorney Hungate, Secretary
Dexter, of the State Temperance
union, and Attorney W. H COwles
representing the union, appeared To
endeavor to bring out some evidence
why a druggists permit should not be
issued to Percy Walker and whv N 7
FeLro permit should not be reissued
Rercy Walker applied for a permit
to sell liquors at the drug store at 825
Kansas avenue. This drug store was
Formerly owned by his brother Fred
Walker, and on account of showing
made in the probate court that the
prohibltory law had been violated
Fred Walkers permit to sell LIQUOR
was revoked by Judge Hayden.
Percy Walker testified that he had
bought the drug store from his broth
er and that he had paid $4,000 for the
store. He testified that his father. f
B. Walker. a druggist. had SUPPLIED
SS,500 of the purchase price and that
he and his father had borrowed $1,000
from Carl Nellis, on a promissorv note.
to make up the balance. NelIfs testi-
fed to making the loan.
During the hearing of the Walker
application Attorney Cowles offered
the observation that there are too
many drug stores in Topeka according !
to the population.
Attorney Cowles stated to the court
that statistics showed that according
to the population of Topeka there
should be only twenty drug stores
whereas there are forty.
Would not the fact that the sale of
liquor is delegated to the drug stores. /
in addition to the drug business. neces- /
sarily increase this number?" asked /
Hungate
Yes, one or two more perhaps"
said COwles.
Cowles and Dexter protested against
Ine issuance of permit because
Walker had borrowed the money with
Mhlch TO make the purchase but Judge
Hayden held that it made no difference
how he got the money and the permit
was issued
Fouowing the Walker hearing the
application of N. J. Petro for the re-
newal Of his permit for his drug store
az llZ5 West sixth avenue was heard.
county Attorney HUngate questioned
Petro and Petro testified that his store
contained S2500 worth Of drugs. that
and swear to the applications for liquor
and that he did not himself use liquors
as beverage.
Tilt Between the Attorneys.
Secretary Dexter went over the same
answers that We're given to Hungate's
questions.
From the questions of the county
attorney 1t does not seem that he cares
ABOUT the good moral standing Of the
applicant" said W. H. Cowles
NO You bet your life 1 don't" said
dungate with some heat
Seems to me the practice is to show