The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-10-22
LeavenwOrth Court Suits Never
To Be Tried.
Admittedly No Evidence in
Many Court Actions.
461 BOOZE CASES ON DOCKET
Judge Lindsay Says State Fears
to Dismiss.
Means Howl of Protest From
Temperance Workers.


Leavenworth county's district court
docket is cluttered with hundreds OF
liquor cases-cases brought Wltnou'
evidence, cases which will never De
tried and cases which prosecuting OF
ficers fear to dismiss because OF the
criticism of temperance workers Inc
trial docket for the october term OF
the Leavenworth county district court
shows 461 liquor cases, with but Il
state and city cases against violators
of all other laws.
Because of the liquor cases, which
admittedly will never be tried, the
Leavenworth county docket looks like
a vest pocket encyclopedia Accord
ing to Frank P. Lindsay, special assist
ant attorney general, the majority of
these liquor cases are not for trial.
Lindsay admitted the cases were being
carried on the court records for
moral effect and would occasion
loud protests from temperance work
ers were they wiped from the dockets-
Fuel for Crusaders.
Since in the days when Fred 5.
Jackson was attorney general, special
liquor prosecutors have camped in
Leavenworth county. 1t is claimed
that both Jackson and John S. Daw-
son and their assistants collected
thousands of dollars in special fees
from Leavenworth county jointists.
The cleanup record was shown by the
large number of Leavenworth raids.
Then the special fees were abolished
under an act of the legislature. Pos
Sibly that had nothing to do with
present conditions in Leavenworth.
But the hundreds of liquor cases on
the docket seem to have lost their
identity.
During the last few years most of
the Leavenworth county liquor cru
Sading has been under the direction of
Judge Lindsay and J. K Codding, res
ident special assistant attorney gen.
eraL Judge Lindsay declared today
that he and his associates had han
died most of tie cases for which they
were personally responsible.
Lindsay Doesn't Know.
81 don't know anything about all of
those cases." said Lindsay, when asked
why all of the hundreds of liquor
cases had, accumulated on the docket
without action. "A number of those
cases were brought five, six or seven
years ago by Jerry Johnson and Arm
strong under the Stubs adnlinistra-
ton. I don't suppose they will ever be
tried. A lot of the defendants in the
cases have moved away. and 1 don't
know what evidence is against those
who are in the county,"
That was the situation as Lindsay
told it Whether the alleged jointists
left bonds when they moved away
Lindsay did not state. Neither did he
state whether the state had since TAX
en- action to recover under the bonds.
They were merely cases brought by
some other official and tAe special as
sistant attorney general did not con-
Germ himself with them.
Afraid to Dismiss Cases.
"Why haven't the cases been dis
missed if there is no evidence?" Lind |
say was asked.
II don't know. That's matter that |
is in the courts hands," said Lindsay. |
But you know what it means to dis |
miss those cases. No one would dare |
to do it, The temperance people new
er would stop bowling.
So the liquor cases continue to oc-
cupy more than 100 printed pages of |
the Leavenworth bar docket.
Some of those cases. continued |
Lindsay, were brought by former city |
and county attorneys. We don't know
about them
Didn't Think of Fees.
The special assistant attorney gen.
eral denied that interest in the cases
had subsidized because of the repeal of |
the special fee provision under the
liquor law. He said that the cases
were merely actions in which the Spe-
cia1 assistants knew nothing of the
evidence. No action was ever taken,
he said, to gather this evidence and |
proceed against the jointists in the
absence of the original prosecutor
BY a ratio of thirteen to one, the
liquor cases in Leavenworth county
however. exceed all criminal prosecu-
lions. prosecutions the combined
crimes of murder, arson, larceny,
criminal assault and all other offenses
in the criminal code, are
but one-thirteenth as great as the
liquor cases in Leavenworth, accord
ing to the October docket. The liquor
cases include prosecutions for direct
sales, applications for injunctions, /
prosecutions for contempt and other
actions resulting from enforcement of
the prohibitory law.
Records in the court docket show
that Al city liquor cases have been
appealed to the district court. In
addition to these cases are 420 original
state cases, brought either directly in
the district court or appealed from the
justice courts And against all of
these 461 liquor cases are just 81 l.
prosecutions for all other criminal Of
lenses.
Dismiss johnson Cases.
Preston B. Coleman, assistant attor-
ney general, stated today that he had
personally filed a motion to dismiss all
Of the liquor cases brought by Jerry
Johnson. The clerk of the court failed
to wipe them from the docket, he said,
and this occasioned an unusual show
ing
There were probably 100 cases in
the list that l moved to have dismiss
ed" explained Coleman. "A lot of
those cases are included in the October
bar docket. All of the cases brought
by Jerry Johnson have been ordered
InQT IM cEDREA