The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-27
Beer CASE IS UP.
Judge Pollock Investigating
Kansas City Seizures.
Agent for Receivers Arrested
Delivery Agents.
DID THEY MAKE SALES
That Appears to Be Only Thing
in Case.
State Attorneys Admit They
CAM Stop Deliveries.
DID THEY MAKE SALES

seems to be the prOba bic verdict IN tnt
socalled Trickett injunction case
which is being heard before Judge
Pollock in the United States circuit
court today.
Reicheneker was the agent of the
three brewery receivers. and it seems
that it was Reicheneker who gave the
orders for the arrest of the drivers of
Missouri beer wagons found doing
business in Kansas City, Kansas.
Reicheneker proceeded to take pos
session Of the wagons, horses, beer and
all in the name of the state supreme
court.
II was this action on the part of
Mr.. Reicheneker that caused the Kan
sas City Breweries company to go be-
fore Judge Pollock some days ago and
get temporary restraining order to
protect the beer wagons from the Kan
sas officers.
Hence there is not likely to be any
serious results from what for time
seemed TO be an embarrassing clash Of
authority between state and federal
courts.
1t was admitted both by the attor-
neys for the state and for the brewery
that Mr.. Reicheneker had no author
ity to interfere with the common
Carriers engaged in delivering beer
to thirsty Kansans.
Il would like to inquire" said
James H. Harkless. one of the attor-
neyS fOr the Kansas city BreWer1eS
company, whether the defense claims
the right to interfere with interstate
transactions as alleged in our bill?"
w. S. Keplinger of Kansas City. c.
w. Trickett's law partner. said: we
do not question the right of the brew
cries to engage in legitimate inter-
state commerce. But we think they
are doing an illegitimate business
along with a legitimate 1 want to
say, however. that I think in view of
matters set forth in this petition, the
court could not do otherwise than
grant the application for the tempo
rary restraining order"
Il am glad" said Judge Pollock,
that counsel Is manly enough to
make that statement. Some people
have been inclined to question this
action. and have gone so far as to try
this case outside of the court. This
court has never gone further than to
protect people lawfully engaged in in
terstate commerce. When they step !
beyond they are outside the protection
of this court. These defendants say |
they have no desire to interfere with |
interstate commerce. and no order of
this court will protect the plaintiffs in |
the violation of state law
I'VE won't want to appear so ig- |
norant as to interfere with such a fun |
damentaI proposition the interstate
commerce law said Mr.. Keplinger.
Then why do you object to the /
granting of an injunction?" inquired !
Judge Pollock.
Simply because we do not want to
be paraded here and forced to submit
to injunction when we are not con-
tending for the right to do what is en-
joined" replied Mr.. Keplinger.
Couldn't Stop the Proceedings.
The state tried to have the proceed
ings knocked out of court without TAX
ing any testimony. claiming that the
were simply trying to get hold of the
names of witnesses against the men ac-
cused of running joints on wheels
while nominally delivering Interstate
orders" But a. L. Berger. one of the
p attorneys for the brewers read an af-
fdavit showing that Reicheneker, the
agent Of the brewery receivers, had Sc
cured the assistance of the Kansas City
police n making seizure of beer
wa gons.
.'I think we will have the proof pre-
sented" said Judge Pollock
Mr.. Berger then read a long collec-
ton CT affidavits for the brewers and
c W. Trickett started i'm with the read
ing of counter affidavits on behalf of
the state. This reading was interrupt
ed by the adjournment of court at
noon. and was resumed when the court
reconvened at > o'clock.
The title of the proceeding is the
Kansas City Breweries company
against c. w. Trickett. assistant attor-
neN general. James Porter. sheriff of
Wyandotte county. David E. Bowden.
L.
attorney. Ralph Nelson city attorney
and N V. Reicheneker agent for the
receivers OF the breweries.
The brewery company was repre-
sented by James H. Harkless of the
irm of Harkless. Crysler and Histed.
md by A. L. Berger. At the states
able sat Attorney General F. s Jack
son, c. W. Trickett and w. s. Kepling-
n The hearing commenced at about
LO:l5 this morning in the circuit court
-oom.
Affidavits for the Brewery Company.
The first affidavit read by the attor-
ley for the brewery was that of John
driver of one of the beer
wagons, who was one of those ar
ested. Callahan denied that he sold !
my beer. and claimed that he only
beer to parties who were on
list given him at the brewery He
aid that his transfer wagon was not r
common carrier engaged in inter- ,
tate commerce and consequently
ould not be interfered with
e E Smith, bookkeeper for the
Nansas City Breweries company, testi-
led that Callahan had been given "a
ases of beer to deliver to a specific I
est. I
h Jordan, another driver, gave N J
ftidavit setting forth that he was act q
ng wholly as a deliveryman for pack t
ges sent out by the brewery to Kan j
as customers. He sold no beer. He
aid that his wagon, beer and horses '
7ere all seized by Reicheneker in the /
anne of the receivers for the brew t
RES, and they kept possession from q
sednesday till Saturday. He said
hat G w. Trickett's son took the /
cam to the stable where it was d
laced under guard @
X. l.. Melton, booklkeeper for the a