The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-09-07
Busy Docket Ahead for Fred
Robertson, q. s. Attorney.
Raiders and MounDay Cases in
st. Louis in January.
BREAK up SALE OF LIQUOR
Government After Distributors
of Booze to Indians.
Bad Whisky Was Sold for Ten
Dollars a Quart.

The Badders and MounDay cases.
famous m Topeka, will be heard on APP
peal in st. Louis, January II.
january will be a busy month for
Fred Robertson, United States district
attorney. who will be called upon at
that time to appear in the United
States circuit court of appeals at ST.
Louis in four appealed cases in which
he will represent the federal govern
ment. While al the cases are set for
practically the same time, their hear
Ing will likely extend over a number of
days. The docket of the circuit &C. -
mas just been submitted to Mr.. Rob-
ert son.
Besides the Badders appeal in the
bankruptcy proceedings tried here and
IN kansas City last winter. and the ap-
peal of Don A. MourDay and wife from
inc conviction for using the mails to
oe1raud for which MounDay is urder a
penltenflary sentence of two years and
fine of $1,000 and costs amounting to
about $1,000. there arc two others OF
even farther reaching Importance In
the MounDay case Mrs. MounI)ay is I'M
der fine of $500 and COSTS
One of the other appeals is that taken
py three of the, federal prisoners al
Leavenworth serving terms for parti-
cipation in the Mcnamara dynamite
conspiracy sent here from Indiana
Their application for writ of habeas
corpus. refused by Judge John C. Pol
lock, has been appealed to the circuit
court of appeals. 1t devolves upon the
kansas district attorney to represent
actions of shis nature brought by pris-
oners in the Leavenworth penitentiary
Stop Liquor Sale.
Another case is of particular import
ance to the government in its endeayors
to break up the sale of liquor to In
noma Two Leavenworth prisoners
Don A. Ward and w. A. Greenwood
nave obtained a writ of habeas corpus
before Judge Pollock and the appeal
from that decision has been brought on
the part OF the government.
Their liberty depends upon the DOS.
slple construction of two federal en-
actments relative to the sale of LIQUOR
to Indian charges of the government
They have won the first victory on the
claim their conviction had been OBJ
tanned under the wrong section of the
statutes. Where one enactment fixed
a penalty of 60 days in Jail and 500
fine for introducing liquor onto an
Indian allotment. the later statute pro-
vides a penalty of not more than two
years in the .,enitentiary and 5000 for
introducing liquor into the Indian
country.
technical construction as made by
Judge Pollock makes separate of
lenses of the acts described, It will
be argued by the district attorney that
the later enactment should be regard
ed as amendatOry to the former with
the purpose of increasing the possible
penalty.
The ultimate decision of this case
will be of importance to the Indian
authorities in determining the man
ner of drawing indictments. The two
men now seeking liberty were at the
head of an organization which sold
whisky at wholesale prices in violation
OF both state and federal laws, in
Oklahoma, creating a condition which
has caused government agents no end
OF trouble in protecting the Indians
from exploitation. They are said to
have soften So to $40 per quart for
bad whisky distributed by them