The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-24
STATE GUNS OPEN.
Suit Against Topeka Club in
Supreme Court.
County Attorney Sch anck Also
Secures Injunction.
TEST LOCKER SYSTEM.
viii BE AScprtained if 1t Is ViO-
latiOn of Law.
Question Is Whether Nuisance
Feature will Apply.
TEST LOCKER SYSTEM.


tective story was discounted today
when the state and county each took
a shot at the Topeka club for alleged
violation Of the prohibition laws of
the state The first barrel was fired
by County Attorney Schenck when he
appeared in district court and Sc
cured from Judge A W. Dana
temporary injunction against the
club from further maintaining its
locker system under the provisions of
the common nuisance act. The sec
ond barrel was fired from the attOr-
ney generals office when a suit of
custer was filed in the supreme court
to drive the corporation known IS
the Topeka club from the state for
violation of both the common
nuisance act and the club house law.
+ The injunction granted today by
budge Dana went into force early this
afternoon when it was served upon
the club officials and viii remain in
force until the case is brought on for
trial in regular order at which time
the injunction viii be either dis
solved or it will be sustained and a
permanent injunction granted. In
the former case the club could resume
its locker system until the ease was
tried in the supreme court. In the
latter case the temporary injunction
would remain in fun force and effect
until the appeal to the supreme court
had been passed upon and a decision
handed down Whatever Judge
Dana's decision one side or the other
viii appeal to the supreme court
making this a test case.
If the club violates the temporary
Injunction it viii be in contempt and
would receive the same treatment aC-
corded to an ordinary joint. which is
to say paddock would be placed on
the door.
Speaking today of the present
phase of the matter. Assistant Attor-
ney General John Marshall said:
On tho course of the iuquisition
recently conducted by the attorney
general several of the Topeka club
members and the clubs steward teS- |
their liquors direct from dealers out /
side of the state. The club based its /
defense from tho charge of violating .
the law upon this fact 1t took the 7
stand that if a member ordered his /
liquor himself and kept it in a locker /
and then went to the locker and Sc .
cured his own liquor and drank it on I
the club premises he had not violated +
the. law. However. this office is in the
possession of information that not all /
the members ordered their liquor /
themselves. Older. members fire.
quently ordered liquors for new
members. We have the names but |
VIII not make them public at this
time.
The Petition on File
The following is the text Of the /
club which was filed in the supreme
court today by the attorney general:
The Petition.
Now cones said plaintiff by Fred S
Jackson. attorney general of the state Of
Kansas. and for its petition against the
said defendant. alleges:
That the said defendant. the Topeka
club, is a corporation organized and X
listing under and by virtue of the laws Of
the state of Kansas, having been organ
lied as such corporation on the 18th day
OF January, 1888, to continue as such cor
poration for a period of ninety-nine years
and was organized for the purpose of
s1ld keeps its place of business in the city
Of Topeka. il Shawnee county. Kansas.
That a COPY Of the charter of the said
defendant. the Topeka club, is hereto at
tached, marked "A and is made a part
That the said defendant, the Topeka
club. in violation of the laws OF the state
for under its charter. as hereinbefore set
out. now does exercise and continuously
exercised, within the city Of Topeka
Shawnee county, Kansas, the corporate
right and franchise of keeping and main
tanning a place Where persons are and
have been permitted to resort for the pur-
pose of drinking Intoxicating liquors as n
beverage ana Where Intoxicating liquors
are and have been kept for delivery 10 4
such persons in violation of law, and does
now exercise and continuously for more
than five years last passed, within the
city of Topeka, Shawnee county. Kansas,
has exercised the corporate right ana
franchise of keeping place for the stor-
age of intoxicating liquors to be thers
used as a beverage and of keeping ice :
glasses. tables chairs, ice boxes and OH,
er furniture, fixtures and property to ~,
used in using such Intoxicating liquors
as d beverage at the place kept and main
tanned by the said defendant. where per-
sons are and have been permitted to re- ,
sort for the purpose of drinking intOxir;if-
ing liquors as d beverage. and where in ,
tcucating liquors are and have been kept
Tor delivery In violation of law; and that
the said defendant does now exercise aud :
continuously for more than five years last :
passed has exercised within the city Of ,
Topeka. Shawnee county. Kansas the !
corporate right and franchise of keeping
and maintaining club room and place
have been received and kept for the Dur-
pose of use as a beverage all contrarI, to c
the form of the statutes in such cases c
made and provided and in violation Of Inc / y
corporate rights. privileges and powers z
conferred by the charter Of said defeT5 | {
ant upon said defendant j
Wherefore, said plaintiff pravs that Y
said defendant be required TO show hv {
what warrant, authority. charter right oI-
privilege it is pretending to exercise thr
Illegal powers. rights and franchises T,aTr /
determination of this action the said de- | ]
fendant, the Topeka club. its Officers
gents. enpioyes, stockholders and mem
hrs, be each of them Ousted, enjoined
nd prohibited from exercising anv slIcb | ,
corporate right, franchise, priviIege or |
power. and that said defendant he al |
judged TO pay the costs Of this action !
Claimed No Law Is Violated
When the rigid prohibition law PASS
ed by the last legislature went intol
effect last May all the social and fra
ternal clubs in the state closed out
their stocks of liquors and bowed ~ ,
the law The Topeka club. comnose7 ,
Of the leading professional men. Dolitic-
Ians and business men of the stare
q lone continued its system of the mem
bers keeping liquor by means of the