The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-11
He Hauled Beer From Missouri
to LeavenwOrth.
APPEAL TO U. S. COURT
Marion Co. Deputy Sheriff Gets
Reward.
Fact That He Is an Officer
Does Not Bar Him.

The Kansas supreme court held to-
day that a Kansas saloonkeeper who
transacts business from Missouri has
no right to use the streets and alleys
of a Kansas town for hauling liquor to
his customers
H. Kirmeyer was jointfst in Leav-
enworth for many years. But when
the officers began enforcing the law
he moved his warehouse to Stillings,
Mo-, and had a Leavenworth telephone
put in. He still retains his residence
in Leavenworth and Leavenworth peo-
pie would call up by telephone and or
der liquors from his Missouri ware
house. His teams would haul the
goods across the river and deliver IT..
John S. Dawson, attorney general,
brought an injunction against XIII
meyer prohibiting him from using the
streets and alleys of Leavenworth for
an illegal purpose. The district court
at Leavenworth decided against the
state and that Kirmeyer could use the
streets and alleys as passage ways FOR
his beer wagons all he pleased. the
case was appealed to the supreme
court and there the decision of the
lower court was reversed. 1t Is ex-
pected the case will now be appealed
to the United States supreme court
because of the claim that the state of
Kansas in enforcing its prohibitory law
is interfering with interstate COM
merce.
A deputy sheriff in Kansas who per-
forms his duty in arresting a felon is
Just as much entitled to the reward
offered for his arrest and conviction
as any other citizen. Nearly five years
ago Oscar Bailey, an express messen-
ger on the Santa Fe was killed near
Marion. Charles H. Marsh, deputy
sheriff of Marion county, went to
Newton and arrested w. T. Carr. Carr
- fy
now in prison. The Wells-Fargo Ex-
press company offered a reward of
$1,000 for the conviction of the muir
derer and Marsh put in a claim for the
to pay because the deputy sheriff was
simply performing his duty in arrest
ing Carr and gathering the evidence
that convicted him. The supreme
court ordered the express company to
pay up, because Marsh was entitled to
the reward, the same as if he had been
an ordinary citizen who accidentally
ran across the murderer and took him
into custody.
There was but one Shawnee coun-
ty decision handed down today by
the supreme court. That in itself is
a record Usually Shawnee county
lands six or eight decisions in local
cases in the monthly report Of deci-
sions by the supreme court.
The case today affects the issuance
of $4,000 bonds to build new
school house in District No. S8, near
Seabrook H. B. Cow1es sought to en-
join the issuance of the bonds on the
grounds that the election was illegal
and that a proper per cent of quail
fled voters had not signed the petit
tions calling for the election. Evi-
dence showed that District SS is q
wealthy community adjoining Topeka
and has an assessed property valua-
ton of $447,S5O; and that 213 quail
fled electors live in the district. The
evidence further showed that several
people who signed the petitions sought
to withdraw, while others were
anxious to have their names at
tached. On the face of the evidence,
the supreme court affirmed the deci-
court, refused to grant the injunction
and the district may proceed with the
sale of its bonds and the erection of
a new building.
Henry Herr, convicted in connection
with the Beattie bank robbery, must serve
five ten years in prison for his crime. |
The appeal of Herr to the supreme court
today resulted in a decision affirming the
action of the Marshall county district
court which found Herr guilty.
Since the arrest of the men known as
the Wymore gang, several convictions
have resulted, several of the defendants
escaped from the Marshall county Jail,
were recaptured and are either in prison
or awaiting the action of the supreme
court in their case. Herr was among the
mon who appealed to the supreme court.
He has been in the Marshall county Jail
awaiting decision in the case and will
probably be taken to the penitentiary at
an early date.
ctEDDEEEC n0UQT UEnIcInNc