Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-09-14
BREAD DIET GIVEN
AGAIN IN RUM CASE
Nebraska Judge Ignores e.
forts to Stop Sentences on
Other VioIat0rS.

BY the Associated Press.
HART NGTON. Nebr.. September
l4.-Obvio uSlN unconCerned about legal
maneuvers which are being made To
liberate three men at Tekamah IRON
hread-and-W sentences on nQuof
charges. Judge Wilbur Bryant SEN
fenced Fred = Dii.ks to 50 DAYS in
jail, the first and alternate 10 days oil
which must I've on bread and water. on
his plea of guilty to a charge of ira MS
porting liquor.
In addition TO the diet sentence and
a 500 fine. Judge Bryant ordered that
upon the expiration of his imprlSon-
ment DirkS must post 500 bond to
S,ipulate that he will not violate the
liquor law again within year.
I've been sentencing them that
way for IL years, and no one ha:
kicked about it," Judge Bryant saiu
Yesterday after sentencing DIrks. He
asserted. however, that he thought 10
days at A time on bread and water was
sufficient.
Alleges Cruel Punishment.
An appeal has been made to the
State Supreme Court in an effort TO
free Max SaltZman. l6. from serving
his second Today stretch at Tekamah.
which begins tOmol row. Saltzman =
attorney declared h. would sue TO,
his release on writ - nateaS corpus.
alleging cruel ami lnnuman punish
ment.'
Declaring an issue of life and deail
at stake. an applica ton for a tempo
rary order reStrai ming the Burt County
sheriff ana the State oI NebraSkd
from keeping Roy Carson, farmer
liquor-law violator, in Jail on the diet
has been brought in District Court Il
Tekamah. Action on the application
was set for Wednesday.
The action was filed late yesterday
by Attorney Il. G. Hunter. Omaha.
employed to defend Carson by j. II.
Chat, brother of County Judge Or
Vile Chat. who imposed sentence.
In it, Hunter said, the sentence CON
fiicts with the universal rule that
no person can he deprived of life
without due process of law. lie
says he had abundant legal authority
that life means more than mere
animal existence" and, under the
preteXt of deprivation of liberty
one cannot he deprived of vision,
Nearing. an arm, leg, or digestive
organs"
State TO Combat Action.
County Attorney Herbert Rhoades
denying any cause for action existed
a s the Nebraska Supreme Court had
ruled the sentences of Carson and
Thomas Nelson, who is on his fourth
days diet sentence on similar
charge, constitutional.
1t was explained that the injunc-
ton was asked now because County
Physician II. w. Benson had stated
several DAYS must elapse before his
examination Of Carson would be
completed. and that If Carson waited,
''he would continue to lose his physi
cal powers because of the diet and
suffer untold agonies." The petition
said Carson already had lost four
pounds and was in poor physical con-
dition Under the law, the county
physician can modify the sentence. If
he believes it jeopardize the prison
ers health.
If the petition is successful. similar
proceedings will be taken in behalf
Of Nelson.
Both Nelson and Carson said they
were feeling fairly Well today.
Sheriff Smith has deviated somewhat
from the rigid diet, however, giving
the men raisin bread. cinnamon and
jelly bread and rolls. with all the
water they want to drink.