The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1905-09-15
HEW POINTs AeAIRsT JOINTs
KANSAS SUPREME COURT TO
PASS on LICENSE AS EVIDENCE
An Effort to show Liquor Is Being
Sold Because Of the Federal
License.

TOPEKA, Sept 5--The question Of
whether federal licenses to sell whisky
may be used BY state authorities as
evidence on which to base a COM
plant against a "jointist'' viii be test
ed in the supreme court Of this state
The question never has been carried
higher than the district court, in
which conflicting opinions have been
rendered The question will come to
the supreme court from Wilson cOun-
~, where E d. Mfkesell, special as
sistant attorney general. has arrested
several ''jointists' and has also taken
their federal licenses
In a letter to the attorney general
Mr. Mikesel has asked how the fact
that a ''jointist" holds a federal lie
ense to sell liquor can be placed be
fore a court in the form OF evidence.
He says that he has been unable to
ind where the courts have establish
ed a precedent in cases Of this kind.
II the license is captured when a
Joint is raided it can be placed be-
fore the court as evidence that the
holder Of the license is violating the
state law, but the "jOintists'' know
about as much about the prohibitory
law as the authorities. and they are
taking care to protect their licenses
from capture
The possession Of a license is not re-
garded by a court as prima facie evid-
snce that the holder is guilty Of vio-
iating the state law. In reply to the
letter written by Mr.. Mfkesell, J. S.
West, assistant attorney general in the
office Of Mr.. Coleman, has replied that
the courts are not uniform in their
decisions on the subject. He says that
Judge French OF the Bourbon county
district court once compelled a deputy
internal revenue collector to testify
n regard to who held the federal IL
censes in a certain Fort Scott Joint
Several years later. when Judge Al
len was on the bench in the same dis
trict, a deputy internal revenue col
lectOr was placed on the stand to tes-
tify in the same condition, and re-
fused to answer. The point was
argued at great length and the judge
finally held that the officer was work
ing for different branch Of the gov
eminent and could not be compelled
to testify.
II think" said Judge West, that
II this point is carried to the higher
courts it viii be held that a federal
officer cannot be compelled to testify
and that the records in the Office Of
the United States internal revenue
collector cannot be used against a vio-
latOr Of the state laws. The theory
Of the state government and the OBJ
ject Of all Of the prOhibitory laws is
to prevent the sale Of liquor, and the
theory Of the federal government is
to get all Of the revenue possible out
Of the sale of the liquor. Mr.. Nike
sell says that he failed to capture the
license Of the 'jOintist' in Cherryvale,
and he is DESTROYS of getting proof Of
the fact that the man held a license
BY putting a deputy internal revenue
collector on the stand. He will fail
to enforce the law if he is depending
on such a slim chance as this
The case will be watched with es-
pecial interest by the counties in the
state in which there is a fight over the
prohibitory law.