The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-23
Nine Concerns That Fail Il
Enter Appearance.
BUT ONE HEARD FROM.
Attorney for Anheuser- Busch
Asks for Time.
Large Array of Silent Lawyers
Before the Court.

An order was issued by the suprem
court late Monday afternoon providin
for the appointment of receivers 70
the Kansas property. of the followin
concerns:
The Helms Real Estate company.
F'erd Helm Brewing company.
Kansas City Brewing company
| Rochester Brewing company.
Imperial Brewing company
Pabst Brewing company.
Helm Brewing company.
val Biatz Brewing company.
Joseph Schlitz Brewing company
The case of the Mahan Supply com
pany, the Wichita concern which pack
ed up its entire stock and left the
state between two days and befor,
service could be secured on it, was
passed over for the present.
Although there were a score of at.
torneys in the supreme court room
representing brewing companies, only
one solitary concern adopted the
| pollcy OF entering an appearance
/ and making motions as though il
| would like to fight the cases. This
was the .Anheuser-Busch company by
| w. n. Rossfngton.
Chief Justice Johnston caused the
names of each defendant company to
be called, and put the question, ANY
Q6IonQ-
ant?" after each name was called,
but the Anheuser-Busch Brewing
company was the only firm to reply.
w. H. Rossington of the firm of Ross
ington & Smith. Topeka appeared in
behalf of Anheuser-Busch.
Mr.. RosSington asked for a con-
tinuance of the Anheuser-Busch case
for few days, and the court allowed
ten days time in which Mr.. Rossington
Will prepare to fight.
As there was no 0nnOSitiOn tn th q
appointment of receivers in the other
cases, the justices retired to their con-
sultation room, and very soon an
nounced that receivers would be
named for these concerns within a few
days.
Justices Burch and Clark A. Smith
were not present at the hearing which
was set for 2:30. 1t was nearly 3
O'Clock when the court entered.
There was formidable array of at
torneys at the states end of the bar.
They were Attorney General F. S.
jackson and his assistants, John Daw-
of Kansas City, j. K. Codding, attorney
for the State Temperance union. and
John Schenck, county attorney of
Shawnee county.
room, most of whom represented some
brewery concern. but who were pres
ent only to watch the proceedings and
not to enter an appearance. were
these:
r. T. Hazen, Topeka: c. A. Magaw,
Topeka; B. F. Gaitskill and John Car
penter, Pittsburg; S. B. Amfdon,
Wichita; F. B. Dawes, Leavenworth;
F. P. Fitzwilliams, Leavenworth, and
others.
After Attorney General Jackson had
briefly stated that the state desired an
order for the appointment of receiv-
ness in Kansas, Mr.. Rossington stepped
to the front and announced to the
court that he represented the An
heuser-Busch Brewing association of
st. Louis.
This case said Mr.. Rossington,
presents some very abstruse legal
There are also some
new points at issue. and we want to
meet and resist these propositions.
was brought into this case only last
Saturday, and I need more time.
TT is certainly commendable for the |
counsel for the defendant to enter an |
appearance here" said Attorney Cen
eral Jackson, but 1 do not think there |
should be any further delay Your
honors had the right to appoint re-
ceivers at the outset of this action.
Here are corporations which have not
only done an illegal business under
the corporation laws of the state, but
who have taken steps to hinder the
of the proh1b1tory laws
in the courts of this state and who
have even set at defiance the orders
Of this court l am prepared to pre-
sent to this court evidence that the or
der of this court enjoining the defend
ants from moving property or trans
acting business has been violated
Mr.. Rossington said: 9Th ere has
not been the slightest shadow of a
shade of a violation of this order on
he part of my client, and 1 want it
that / represent no one,
directly or Indirectly. but the An
leuser-Busch company. I do not ask
or a continuance for the term but
merely for an adjournment for a few
lays
cad to the court an affidavit signed by
Deputy Sheriff Ward of Shawnee
county in relation to the service of
papers in the Anheuser-Busch case on
J. Screiber alleged to be local agent
or Anheuser-Busch-
Il am advised by my client" said
Ir. Rossington, that the company
las no agent in Topeka. This is an ex
oarte affidavit, and I think it is false.
will state that this man Schneider
Iever was the agent for the Anheuser-
Busch company in Topeka. Mr.. Link
s our agent in Atchison, and he has
,een served with these papers"
Attorney General jackson then pre-
ented to the court a large number of
fidavits and evidence in written form
O show that the brewery agents had
-iolated the previous order of the
ourt.
Roosevelt Resolution Defeated,
Harrisburg, April 23.-A resolution ask
lg President Roosevelt to be candidate
IL