The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-14
HE WILL Be GOOD
Mayor O'DOnnell of junction
City Makes Peace.
Promises to Have Nothing to Do
With Naughty Joints.
THE CASE IS DROPPED.
Won't Be Prosecuted for Mis-
conduct in Office.
Hereafter Law Will BE Enforced
With Might and Main.

F. w. O'Donnell, mayor of Junction
City, Will not be ousted from office. He
has fixed it up with the state officers
and a motion has been filed in the su-
preme court by Attorney General F. S.
Jackson to dismiss the suit filed against
him to get his job.
Mr.. Jackson says that Mayor O'Don-
nell has promised to be very, very
good; to enforce all the laws that ever
were written about any old subject,
and that Mayor O'Donneu has gone
even further and has entered into
conspiracy" with all the other city
and county officers to do the same.
In consideration of dismissing tbs
suit against O'Donnen, the city of
junction will make no fight on having
judgment entered against it in the suit
filed against it to ''oust'' it from exer-
cising any right to collect licenses from
joints The costs in both cases are to
be paid by the defendants.
This action was taken as result of
a compromise entered into between the
officials of Junction City and Geary
county with the attorney general and
Is complete victory for the attorney
general in his efforts to close the sa-
looms in Junction City.
The following is the motion filed by
Attorney General Jackson:
Comes now F. S. Jackson, attorney
general, prosecuting on behalf of the
state of Kansas, and moves that the
court dismiss the above entitled suit
without prejudice and assigns reasons
for this motion as follows:
First, that the time the said ac-
ton was commenced it had been the
practice in Junction City for several
years and in many other of the larger
cities of the state of Kansas to permit
Intoxicating liquors to be sold under a
system of fines, which was in effect a
Licensing of said saloons or plR,es
where said intoxicati ting LIQUORS Syerc
sold; that in so doing the officers of
said cities were carrying out a policy
which was acquiesced in by the major
lty of the people of said cities;
Second-That prior to the COM
mencement of said suit. no actual no.
tice had been given to Mayor O'Don-
nell of desire on the part of the state
officers for him to cease said Illegal
system of taking licenses from said
places where said intoxicating liquors
were sold On the part of the city
Third-That Immediately after the
commencement of this action Mayor
O'Donnen evidenced in every way his
willingness to comply with the law
and did at once issue a notice to all
police officers under his charge to alb
stain from taking fees from any places
selling intoxicating liquors or other
wise disobeyinS laws of the state and
Immediately used all means within his
power to completely shut UP and
abate such places and that diligence
was used by said officers in accord
ance with said orders and said places
were closed and prevented from carry
ing on their illegal business as they
had heretofore done.
'Fourth-That since that time Nav
or O'Donnell has sought and obtained
the cooperation of the county officers
and all others having authority in his
county and has completely shut UP
and abated all places where intoxicat-
ing liquors were Sold and has abated
all other illegal places in said city.
and has not taken any fines from any
such places in the way Of license or
for any other purpose than the honest
purpose of enforcing the law in said
city. ....
"Fifth-That said Mayor O'Donnell
and the city attorney of said Junction
City as an earnest of their desire to
see the law enforced therein, and as
a part Of the action herein contem-
plated in the dismissal of this suit
permit judgment to be taken against
said city of Junction City in a suit now
pending in this court wherein the
state of Kansas is plaintiff and the city
of Junction City is defendant, ousting
the said city from exercising the power
of taking fines as and for a license or
otherwise licensing persons to sell in
toxicating liquors in said city or to do
any other act in violation of the laws
OF this state.
''Now. therefore. believing that such