The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-01
HIS ONLY CHANCE
Mayor EVerhardy Attacks Con-
stftutiOnality Of Custer Law.
Admits That All Charges Made
By State Are True.
IN SUPREME COURT.
LeaYsnWOrth City Officers
Driven Into Narrow Corner.
Citations for Contempt Nay Be
Made Under 1856 Order.
in SUPREME COURT.

Relying wholly upon the propositfo y
that the custer law OF 1887 Is unconsrt-
tuhonaI, the attorney for Mayor Ever
hardy Of LeavenworCh, F. P. F'itzwil-
liam. came before the supreme court
this morning and admitted all the
charges made by the state concerning
the licensing OF open saloons by Mayor
Everhardy- The agreed statement OF
facts, abOu. which there has been such
a controversy, was fled 1t is signed
by Attorney General F. 5. Jackson and
by Mr.. FltzwiIIian. and the date OF
signing is specified as April I, but as
Attorney General Jackson is out Of
town today the papers were probably
signed some days ago
In the companion case against the
city OF LeavenWorth, for the purpose
OF securing an order OF the court pro-
hfbiting the city from licensing sa-
looms. similar sweeping admissions OF
fact are made, and Mr.. Fitzwtliam
contended that the supreme court had.
IN 1885, issued a similar injunction
against the city. and that the present
action is merely a duplication Of the
1855 action
We are willing to admit this" said
Assistant Attorney General John Daw-
son. who appeared for the state. but
We started this second case because we
thought it would be fairer to the city
of LeaveuwOrth to bring new pro-
ceeding rather than to have the city
officers cited for coutem DIT of the for
nler order. We can bring a new pro-
ceediug of this kind at every term OF
court If we so desire"
Concerning the claim that the custer
law Of 1887 is unconstitutional, Mr.
Dawson said
we hold that the law is constitu-
tionaI, but even admitted that it is not.
there IS given 70 the supreme court
by the constitution ample power to
0flST officials for r7aIfRSSa H.
feasance IN office"
The agreed statement OF facts Is in
part as follows
Tt is admitted and agreed that dur
ing the entire official term OF the de-
PENDANT as mayor of our city and up to
the present time many persons have
been constantly and continuously en-
aged within the said city Of Leaven-
orth. and upon the principal streets
thereof in the business Of keeping and
maintaining saloons. dram shops, tip
ping houses and other places where in I
toxicatfng liquors have been sold and /
are sold in violation OF law. to be drunk 4
upon the premises. and without anyl
permit from the probate Judge OF said |
county to sell intoxica ting liquors ALL
though the said unlawful business as 1
aforesaid has been in said places OPEN I
~ and VIGOROUSLY continued in fragrant 4
violation Of law in said city, and al |
though during every day OF his fncun- |
bency in said office the said defendant \
has had knowledge that the said large
number Of places were maintained for /
the unlawful selling of Intoxicating |
liquors, and during every day of his I
official term there have been in full 5
sight and view dozens and scores of I
places where intoxicating liquors were /
openly and notorfously sold and bar
tered contrary to laws OF the state
without any Of the usual shifts, subter- !
fuges and devices for the concealment /
OF the unlawful sales and although the (
defendant well knew that the city Of /
Leaven worth of which he was mayor, !
was receiving through pretended fines
and forfeited bail IN simulated prosecu-
lions the sum of $50 every month from I
each Of the keepers of said places for 4
the unlawful sale of Intoxicating I
liquors. And defendant has wholly and /
utterly failed and neglected and refused /
to comply with the provisions of law de-
fning his duty in such cases, and that I
defendant has failed continuously and /
increasingly to perform his duty under 4
the act known as the prohibitory law"
The argument made to the court this 4
morning was brief. and the court al /
lowed the attorney for the defense in (
both cases Mr.. Fitzwilliam, to file I
briefs within five days, after which the \
attorney general viii file reply briefs