The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-07
Liquor Bought in Other States
May Be Delivered.
Judge Pollock Makes Ruling ON
LeavenWOrth Cases.
ONLY 1 RESTRICTION.
Point of Origin Must Be Where
Sale Is Not Forbidden.
Holding Affects Interstate Plea
Made by Kansas.

kansas. City, Kan, Jan. 7.-Here-
after liquor of which bona fide mr.
chase Is made in Missouri or anv 9th
er state IN which it's sale is not nro-
hlDited by state law may be delivered
IN Kansas without fear of legal inter
ference on the part of state or local
authorities. Cases in which VIOLA
tlon OF the Kansas prohibtory law is
charged as result Of the delivery of
!iquor IN the state need not he taken
70 the federal court, but must he de-
clded by the local state courts ,1non a
nnolng OF fact as to whether or not
without the state.
RMS is the gist and attendant re-
SUIT OF decision by Judge John c.
Pollock in the United States circuit
court in the 'Leavenworth LIQUOR
cases Judge Pollock remanded the
cases to the district court of Leaven-
worth county. At the same time he
handed down an opinion to the effect
that these and similar cases are not
within the Jurisdiction of the federal
court, and that the place of bona fide
purchase is the pertinent fact. If it is
made within the state, the prohihitorv
law has been violated. If thse sale has
oeen made in state where there is
no prohibitory law, delivery is author
lied under the interstate commerce
law anu no OIIenSe mas been commit
ed. 1t is the duty of the local district
court to determine where the sale was
made.
Leavenworth Cases.
The case taken from the Leayen-
worth court before Judge Pollock was
that of the state of Kansas against
the Monarch Bottling company Of
Stlinngs, IN Platte county, Missouri.
Just across the river from L,eaven-
worth, and seven other similar cases.
William Schmitz, George Beal and
Henry Brandon. partners in the com
pany named, all live in Leavenworth
but their plant and storehouse is
across the river in StilIings.
1t was alleged by Fred S. Jackson,
attorney general, and Lee Bond. coun-
ty attorney, that the three men .sstore
large quantities in Stfl1ings and deliyer
1t in the state of Kansas in violation
OF the state law" It was also al
legeo mat sales as well as deliveries
were made from the wagons. Iniunc-
t1ons were, secured by the state, and
the company removed to the federal
court on the ground that the contro-
versy involves the construction of the
constitution and laws of the United
states. A motion to remand for want
of jurisdiction was filed and it was
granted. Judge Pol1ock's decision in
this case dfsposes of all of a similar
nature.
Sales in Good Faith.
This proposition is so conclusively
settled by controlling authority as to
preclude justification of citation Of
authorities in it's support" Judge Pol
lock said. eff the sales were made
in Missouri in good faith, and deliv-
cries upon them in Kansas were made
from wagons, storehouses or other
wise, the business was lawful, no mat
ter what instrument of carriage was
used to bring the liquor into the
state"
prejudice to either party to the suit
in question. It remains only for the
district court to determine where the
sales were made.