Show I HOLDS mm COMPANY COMP ANY LIABLE Whitaker Decides in Favor of Saloon Saloonkeeper Saloonkeeper Saloonkeeper keeper Who Cashed a Forged Pay Check CheckAn An Mt important decision involving the rights right of o one ne who cashes pay cheeks checks gh given ghen given en by mistake to the wrong wron party part was rendered by Judge Whitaker of or the city court yesterday About a year ear ago Fred Ired Kuster pro proprietor proprietor proprietor of o the he Fleur l leur tie de Lis saloon cashed an Oregon Orel on Short Line check payable to toone toOfIe toone one OfIe Karmen for tor S1 St The check came back protested It later appeared that a Ii aman aman man by tile name of Aston Alston had gone gomie une to the paymaster ter of or the road and asked for Kar Caimens mens check Without Investigating the Ute identity of the man it was given to him hint and cashed by b Mr Kuster Roster Alston Alaton was arrested and is ia now serving servin three years in hi the penitentiary for forging the original payees name to the check cheek Then Kuster Iu ter sued SUM the railway company I for the amount of the ditch check and the point was raised ra Kd as to whether the payer I la liable under the circumstances circumstance It is isa Isa isa a point that has never before been de decided elded in this state and after having the theca case ca under advisement for fOl a month or er more Judge Whitaker came to the con conclusion conclusion elusion that the company compan is liable and entered judgment In favor faor of or Kuster catch saloonkeepers violating the law or orto orto orto to Induce them to violate the law lawro To ro violate the law replied the chief uncertainly uncertain Oh what you ou sent them for was wu it S sent nt them for Of what asked the chief angrily S Why you said to violate the law you Ol The police department t nov never r violates the law lawWell lawWell aw Well Welt now HOW I will ask you again Did you send NOd them to catch violators of the tho thol l law w or Yes stop right there dont go o any further what I sent them for Out of City Funds But I win will go go o further Did you send gend them tem to violate the law lawI I sent them to get any an saloonkeeper that was doing doIn business s and they the got gotthem them U Now where did you get the tho money that you refunded to them for or buying this whisky whisk S Out of the contingent fund lund of oC the tbt city S This completed the states case and anel the tIme defense defence then moved moed the discharge of oC the proprietor on the ground that no con connection connection connection was shown between him and tho the selling of o the liquor charged The defense win will also contend that no case has been made out against the bartender since the city Is crim mis Inis to the commission of ot the crime charged and aDd the evidence of o Peterson and is that of uncorroborated accomplices The city cit will maintain that since the action Is brought under the ordinance it is not a criminal action and criminal procedure does not apply appl The arguments wilt will be continued this afternoon |