The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-01
NO, SIR, 1T is NOT
Judge Dana Fixes Status of
Jamaica Ginger.
Holds That It's a Medicine and
Nothing Else.
FIGHT FOR INSURANCE
Wife and Ex-Wife Want Filley
Policy.
Knights of Tabor Suit Comes to
Sudden End.
FIGHT FOR INSURANCE

Jamaica ginger is not "booze.'
That IS the opinion of Judge A. w.
Dana, who believes that the good old
reliable family remedy should be given
a place on the shelves of all well reg
ulated stores. In deciding the case
this morning, w. H. Wilson, druggist,
is saved the payment of a 800 fine
and a sentence of 80 days in jail.
1t was some months ago that Wilson
was arrested on a charge of selling
Jamaica ginger with an intent to in
toxicate the inhabitants in his precinct.
AS is the custom, Wilson was convict
ed in police court. But Wilson went
to Judge Dana for the final count. The
city commended that in a community
where the prohibitory law is in oper-
ating condition, that any infringement
thereon is an abrupt and sincere vio-
lation of the righteous provisions of
the act.
WILSON'S lawyers took exception to
this INTERPRETATION. They urged that
while jamaica ginger was loaded 10 the
guards with alcohol, that witch hazel
and cologne and other tempting MUGS
contained enough alcohol to 1ntox1cate
a mule To taboo the jamaica stuff
and leave the other refreshments on
the shelves would be class Legislation
and strictly illegal. These lawyers fur-
ther showed that the city of Topeka
,ad NOT shown that Wilson handled
his jamaica ginger business with the
intent of intoxicating the ptIs---. :.
that several burdens rested on the city
that had not been met
The court took all of these matters
into consideration. Then he rendered
an opinion that will not put the gin
ger trade out OF business during the
present administration. Judge Dana
cited that while it was true that the
article in question was loaded with al
cohol, yet it was not listed among in
tOxicating liquors. Further than this,
he said it was necessary to prove that
the party selling the goods did so with
the intent of substituting near intox-
icant for. the real article. Then, he
said there would be some question
about the merit of the article as a
household remedy for all ills.
LAS the matter now stands" said
Judge Dana, Il see no reason why this
man should be punished If it were
jamaica ginger with the intent to in
toxicate purchasers, then that would
place the case in an entirely different
light"
Because two women claim a So, 900
Insurance policy on the life of the late
Clarence E. Filley, the Illinois Life in
surance company is having a peck of
trouble and several lawsuits have
sprouted from the contentious The
insurance company is willing and anxi-
Gus to pay the $4,000, but it doesn't
know to whom the money belongs.
It was to settle a part of the trouble
that A. B. Crum, of Lyndon, came to
Topeka this morning and asked Judge
Dana to dismiss an action pending in
the Shawnee county district court
against the company in order that mat
ters may be adjusted in the Usage coun-
ty court. The matter was taken I'M
der advisement.
Some years ago F'ilIey bought a poll
CIV in the Illinois Life. At that time
he was a hardware merchant in Abb
lene 1t was while he was engaged in
business in Abilene that Mrs. Fannie
e. Filley. wife No. 1, secured a divorce
The policy was made payable to her.