The Monte Vista journal., 1920-01-10
SUPREME COURT DECIDES LIQUOR NAY Be
LEGALLY KEPT IN The HOME OTHER CASES

Of tho opinions handed down BY
The Supreme Court last Monday two
wrrc of interest to the people Of this
county for the reason that they were
appealed from tho Rio Orandr
county district court.
The first one was The People Of
the State Of Colorado W.. Y. J. Ju.
Lion. Jultsn's house In Monte Vista
was raided by the officers In 1919
and is pinta OF whisky scised. lie
was Indicted on the charge Of hav.
Ing liquor In his house unlawfuliy.
His attorneys objected at the trial
to the Introduction OF any evidence
on the ground that II was no crime
against the laws OF the state t. have
LIQUOR In = private home. Judge
Wiley ovsrrulcd this contention.
Prosecution offered Its testimony
and Jslian refused to offer any svi-
dencs and was convicted on tho al
legged charge. The case was carried
10 the Supreme Court on appeal.
this point presented by Juiian's at
torneys. and tho Supreme Court
hold that Il was lawful for . person
to have liquor in his home and that
Julian. In having II In his homo. had
committed no crime against the law.
Il Vas further held that the sy1nl
court was without Jurisdiction In
the case because no crime had been
committed. The liquor sissed BY
the officers. We understand. has been
disposed Of. II Julian had . right
to have tho liquor in hk home the
question 10. where IL the liquor now
and will Il b replaced.
The second case Ia that Of Katie
Ebsl N. The Rock Island Imple-
mont Company. The facts in the
case are substantially - follows:
Chris and Katie Ebel were married
In Russia In 1885. came to the Unit.
ed States and settled in Russell
county. Kansas. About this time,
from her fathers estate. amounting
to about fifteen hundred rubles,
which she first loaned to her hus-
bands father: when. after about
two years. he repaid II she then re-
loaned II to her husband under
promise to repay II to her. Ebel
had. besides this sum. about $3.50
which he had earned working on the
section. and these two sums eonsti-
tuted HIS working capital. With u
he engaged In farming and later in
tho stock business. He prospered.
became the owner of 720 acres of
land and purchased a residence In
Russell. Kansas, where he lived with
his family. Later. Mrs. Ebel re-
ceived $3.50 from her mothers es-
tate which she also loaned to her
husband under like circumstances.
The Ebels had sOn-in-law, Adam
Mai. who was engaged In the hard
ware and implement business in
Russell. Kansas, and Chris Ebel,
without his wife's knowledge, was
induced and did sign guara ntees for
the son-in-law In order to enable
him to continue his business. The
son-in-law failed in business and
Ebal Was called upon to meet the
o. =, As. II" 'portgaged his Kan
II land for II I'D disposed of
all his other pi.,,-S which ho an
piled on the gu, Rnteed debts, leay-
Ing him but the equity in the Kansas
land. At this time Mrs. Ebel do.
manded her money. but Ebel had
nothing with which to pay II. He
came to Colorado and traded his
equity in the Kansas land for an
equity In the Cockrell ranch in this
cosntyr Nth an indebtedness against
It OF $500. In order to pay his
wife. he caused the title to be con-
veyed to her, this equity at this time
amounting to $500. The Rock Is-
land Implement company, holding
some unpaid notes, signed by Ebel
for his son-in-law. reduced them to
Judgment In the Kansas courts and
then obtained judgment in Rio
Grande county. It then brought ac-
tion against Mr.. and Mrs. Ebel.
, charging that the conveyance Of the