The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-08
Judge Pollock Decides Against
Jerry tombstone, Et AL.
State Cannot Prevent Filling OF
Orders in Missouri.
OWNERS LIVE IN KANSAS
But Orders Are Taken and
Filled at StiIlings.
Holds lit is Interstate Com
merce Just the Same.

| Leavenworth, Kan. March S.-Dur-
ing the time of the last spasm of the
| Topeka officials in the enforcement Of
the prohibitory law in this city, when
| they sent COL tombstone and one
Armstrong here to work. Sheriff Lar
kin, under direction of tombstone, be-
gan to stop the delivery of liquors sent
over from Stillings, arresting the driv-
ers and taking possession of the liquors
Wagon loads of liquors belonging to
Harry Rabinowitz and Michael Kir-
meyer were thus taken possession of by
the sheriff.
This led Rabinowitz and Kirmeyer
to go before Judge Pollock, of the Uni
ted States district court and ask IN
injunction to prevent the sheriff and
others named from interfering with
their business of delivering liquors IN
wagons sent from Stillings to fill or
ders taken at that place prior to the
delivery and accepted at Stillings, ND
The defendants dernurred to the
plaintiffs bill and made the following
claims: 1, That the business followed
by the plaintiffs is not interstate COM
merce. 2, That the court had no 1ur-
isdtction. 3. Want of equity.
Judge PoIIock's Opinion.
Judge PoIlocks opinion has just been
received here.
The defendants claimed that the
business the plaintiffs were engaged
in was not interstate commerce be-
cause, as they alleged, the plaintiffs
resided in Leavenworth and delivered
their goods to persons residing in this
city, because they did not employ
common carrier to make their deliv-
cries but delivered on their own
wagons.
The court held that the plaintiffs
IL he n of
in order to be engaged in interstate
commerce and that their commodities;
could be delivered in conveyances be-
longing to the consignors and yet be
interstate commerce.
The defendants claimed that the
suits should be maintained in court
of equity because the same matters
could be tried out in the state courts
Is an Equity Case.
Judge Pollock held that in a case of
this kind, where persons threatened to
destroy a business, and were interior
ing with a constitutional right of plain
tiffs under the interstate commerce
law court of equity had a right to in
terfere. The judge therefore issued
the following order:
1.-The demurrers must be overrulad
and temporary injunctions go in favor
of comolainants. However, the order
entered will be in terms strictly con-
fined to such business as is undoubted
ly interstate in character and to none
other
The compliments were represented
by F. P. Fitzwilliam and A E. Demp
sey. Mr.. Fitzwilliam explained the last
sentence of the courts order as near
ing that, so long as the injunction
stands and the plaintiffs confine them
selves to delivering only such liquors
for which they receive orders with
out the state they will be safe frold
interference. They have right to de.
liver the liquors in their own convey
ances. But they must not receive or
ders on this side Of the river.
Dawson Tells His Intentions.
Attorney General John S. Dawson
has just arrived in Leavenworth for
what he termed "a purely business
visit 1t is Mr.. Dawson's intention to
stay several days, but he gave no in
dication as to what he would do dur
ing that time. The attorney general i
is not going to let Judge Po1lock's de- |
against the state officials to prevent
their Selling and confiscating liquors
brought over from Stillings, Mo-, |
bother him. He said:
Judge Pollock can't prevent me
from doing what I believe to be my
duty That doesn't necessarily mean
that I am going to stop the wagons
after they cross the bridge, but it does
mean that 1 am going to take steps to
prevent the drivers from hawking and
peddling their wares in the alleys and
byways of LeavenwOrth. Before am
Leavenworth will have every
of being as dry as Linds-
borg, Mcpherson or some other towns
in the central part of the state
Attorney General Dawson was ac-
companied to Leavenworth by Judge
Frank Lindsay, one of his assistants.