The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-26
MAY HAVE TO WAIT.
Judge Dana Refuses to Fix Time for
Injunction Hearings.

some of the lawyers are complain
ing to this court that too much time has
already been taken up at this term in
the trial of whisky cases. They say that
they are being much delayed in getting
their own cases up for a hearing
This was part of the answer of Judge
A. W. Dana of the Shawnee county dis
trict court to Assistant Attorney Cen
eral Carver this morning, when the lat
ter urged that next Monday be set aside
upon which TO hear contempt proceed
ings. which today he filed against R.
2. Hodgins, F. P. PlamondOn and Jas.
Smith, for keeping and maintaining
nuisance at sos Kansas avenue, I'm the
face of a temporary order of injunction
which was granted against them on No
vember Is Of last year.
MY docket is very heavy" continued
Judge Dana. IF it is possible to bring
up this contempt case next Monday,
viii do so but L cannot make you
definite promise. The docket is over
loaded and 7 am pushed right to the
limit for time. AS stated before, quite
a number of attorneys have come to me
and complained because they cannot get
their cases heard. saying that so muCF
time has been consumed i'm whisky trials.
I do not doubt but that is the fact of the
case. There are a great many import
ant trials still before US. Some of them
are exceedingly important Yet I do not
wish to say that they are more import
ant than the contempt cases which you
have brought. I do not make that dis
rncuon- IF II is possible to bring them
up next Monday I Will do so. I will
give them the earliest possible hearing
I car. assure you Of that
Judge Carver wants to work on new
tack. which may be expressed as the
Folk idea" When the governor of
Missouri was here last week he sug-
gested the injunction route as a good
one to enforce the Kansas prohibitory
law and contempt proceedings as a con-
sequence in case the offenders did not
obey the mandate of the court. Judge
Carver thinks that Folk as right in his
idea and that the plan is a good one.
Carver had already started such a pro-
cedure. but Governor Folks expression
seemed to give him new hope OF its sue
cess.
So this morning Mr. Carver brought
contempt proceedings against r. F.
Hodgils. F. P. Plamondon and James
smith He reCiteS in his petition that
temporary order of injunction was
granted against the three to keep them
from keeping and maintaining a nuis-
ance at sos Kansas avenue, on NOvem-
Der is OF last year In the face of that,
however, states the petition. the order
has been wilfullv violated right along
and that all three Of these men are
guilty of contempt
lit is this particular case which Judge
Monday He feels that he can give the
"1ointists' a good hard bunch of body
blows by the Injunction and contempt
methods jury is not empanneled for
q contempt case. After the court has
granted an injunction then it is the OBJ
legation Of the persons it has been di-
rected against to stop their OFFENDING.
If they continue. then the court has
the power to fine and imprison. In the
instance of a liquor law violation, the
punishment for contempt may be $500
and imprisonment in the county jail for
six months.
THE court alone hears the evidence
In contempt case" said Judge Car
Yer today, and he decides whether the
Qffense have been repeated. I know that
have evidence against the parties
Which have cited for contempt
want the court to give me the earliest
possible hearing in a case of this kind.
want to get one of them through. If
these places find that an injunction
against them may mean fining and inn
prisOnment if violated. then they win
act mighty differently. I asked the
court to set this case for next Monday.
He said his docket was heavy. but that
he would push it along as quickly as
possible"