The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-26
POLLOCK STRIKES
Takes Hand in Kansas City
Sunday Closing Question.
Sharply Criticises the Action of
Judge Wallace.
HE'LL SEE ABOUT 1T.
Will Stop Prosecution if He
Has the Power.
Judge Should Be Impartial i'll
His Actions.

Kansas City, Oct. 26.-United States
District Judge John G. Pollock Friday
made a severe criticism of the methods
| of Judge William H. Wallace of the
| criminal court for Jackson county, Mo-,
who is endeavoring to close the Kansas
City theaters on Sunday.
| The temporary order of the United
States court restraining officers Of the
state courts from interfering with sun
| day theater performers in Kansas City
was under consideration Judge Pollock
| took the case under Amusement and
| said he might announce his decision
next week. The effect is to continue the
temporary injunction in force, Judge
Pollock said
"rhis is a very remarkable case. 1t
is charged that a Judge of one OF your
courts has not conducted himself IN
fair, just and impartial manner. He
has impanelled his own jury and has
done so with the intention that they
carry out his own personal ideas. he
has entered the grand jury room while
the jury was celebrating, thus v1olat-
ing deliberately the precedent that such
deliberations should be secret and
sacred.
81 can not understand how judge
of court could consider for moment
& persecution such as has been threat
ened in this case. 1t is just as much
the duty of a court of law to see that
the innocent do not suffer as it is to
prosecute those who offend against the
laws. The bill before me alleges that
the grand jury under instructions of
Judge Wallace has threatened these
prosecutions against the actors merely
as a part of a scheme to bluff them
out and that there is no real intention
to arrest these persons. personally do
not go to the theater on Sunday, but
do not think that any judge should
set up his own convictions in the mat
ter as to the law. or to dictate to any
man how he shall spend the Sabbath,
as long as he conducts himself in a
lawabiding manner. I shall investigate
this matter, and do it speedily, and If
find that have the power to stop these
prosecutions, l shall do 1T. Some one
hould have the bravery to step in and
stop this persecution which Is charged
and not refuted-"
Grand Jury Quits.
Kansas City, Oct 26.-The grand jury
ceased work on the theatrical indict
ments when it learned of Judge Pol
locks action. After they adjourned the
the building. The impression is that
they will not return indictments and
embarrass the clerk of the criminal
court and the county marshal. The fed
eral order does not enjoin the grand
jury but it restraints the criminal clerk
and marshal from issuing warrants on
indictments and serving them.
81 can't say one word; absolutely not
one word; can't talk about 1t at all,
Judge Wallace said in response to a
question as to what he would do.
A. E. Thomas, clerk of the criminal
court, was asked what he would do if
there was a clash between the state
and federal courts and indictments
were returned and he instructed to is
sue warrants.
Il don't think that condition will
arise" Mr.. Thomas said. I'll wait I'M
til 1 have to meet such issue, but I
am inclined to believe that it would be
letter for me to obey the federal court"
AL Heslip, county marshal, said he
thought he would not be called upon
to serve warrants in theater cases un-
til Judge Pollock had decided the case
finally.