"(1)
That at the time of the institution of this action the
above-named defendants were, and still are, residents and
citizens of the city and county of Leavenworth, state of
Kansas.
"(2)
That for many months before the institution of this action
the said defendants were, and still are, engaged in the
unlawful sale, barter and delivery of intoxicating liquors
within the said city and county of Leavenworth, state of
Kansas, in the form and manner as hereinafter alleged and set
forth.
"(3)
That for many months before the institution of this action
the said defendants were, and still are, maintaining and
operating a so-called storeroom or warehouse, or a shift
device or subterfuge, at a place called Stillings, in Platte
county, state of Missouri, just across the Missouri river
about one mile east of said city of Leavenworth, state of
Kansas, at which place the said defendants, at all of the
times herein mentioned, have been, and still are, temporarily
unloading and storing intoxicating liquors for the express
unlawful purpose, intent and design of thereafter selling
bartering and delivering the same wholly within said city and
county of Leavenworth, state of Kansas, as herein more fully
alleged and set forth.
"(4)
That for many months before the filing of the original
petition in this action the said defendants have owned,
maintained, used and employed, and are still maintaining,
using and employing upon all the streets and alleys of the
city of Leavenworth, Kan., certain wagons, vehicles and
conveyances, with horses or mules hitched thereto and drivers
thereon, for the express unlawful purpose of conveying or
carrying said intoxicating liquors across said Missouri river
from said town of Stillings, Mo., to and within said city and
county of Leavenworth, state of Kansas, and there selling,
bartering and delivering said intoxicating liquors to various
persons and places, whose names and location are now unknown
to said plaintiff, with the express purpose, intent and
design, on the part of said defendants, of unlawfully aiding
and abetting many of said persons in the violation of the
prohibitory laws of said state of Kansas, as herein more
fully alleged and set forth.
"(5)
That for many months before the institution of this action
the said defendants did, and do still, maintain and operate a
local Leavenworth city telephone at their said so-called
storeroom or warehouse, or said shift, device and subterfuge,
at said town of Stillings, Mo., which said telephone, at all
of the times herein mentioned, was, and still is, directly
connected with residences and places of business within said
city and county of Leavenworth, Kan., over which said
telephone the said defendants, their agents and employees,
have, at all of the times herein mentioned, and still are
taking and receiving telephone orders for said intoxicating
liquors at said so-called storeroom or warehouse, or said
shift, device or subterfuge, at said town of Stillings, Mo.,
and thereafter selling, bartering and delivering said
intoxicating liquors, so ordered, to said residences, persons
and places of business wholly within said city and county of
Leavenworth, Kan., in violation of the said prohibitory laws
of said state of Kansas, as herein more fully alleged and set
forth.
"(6)
And plaintiff alleges that at all of the times herein
mentioned it has been, and still is, the unlawful custom,
habit or system of the said defendants, their agents and
employees, to collect the sale price of said intoxicating
liquors, so delivered upon said telephone orders, as
aforesaid, wholly and entirely within said city and county of
Leavenworth, state of Kansas, in violation of the prohibitory
laws of said state of Kansas.
"(7)
Plaintiff further alleges that at all of the times herein
mentioned the said defendants have maintained, used and
employed a local Leavenworth city telephone at their
residence at Second and Ottawa streets and No. 714 Miami
street, respectively, in said city of Leavenworth, Kan., over
which said telephone the said defendants have, at all of the
times herein mentioned, received, and do still receive,
telephone orders for said intoxicating liquors from
residences, persons and places of business wholly within said
city and county of Leavenworth, Kan., and thereafter deliver
the same to said residences, persons and places of business,
by means of said wagons, vehicles and conveyances, from said
so-called storeroom or warehouse, or said shift, device and
subterfuge, at said town of Stillings, Mo., or from said
wagons, wherever they may be on the streets and alleys of
said city of Leavenworth, Kan., and thereafter collect the
sale price of said intoxicating liquors wholly within said
city and county of Leavenworth, Kan., all in violation of the
prohibitory laws of said state of Kansas.
"(8)
Plaintiff further alleges that at all of the times herein
mentioned the said defendants have authorized, directed and
allowed, and do still authorize, direct and allow, the
drivers of said wagons, vehicles and conveyances, who are in
their employ, and also other agents and employees, whose
names are unknown to said plaintiff, to solicit, take and
receive orders for said intoxicating liquors at residences,
places of business, and of various persons, whose names are
unknown to plaintiff, wholly within said city and county of
Leavenworth, Kan., and on the streets and alleys of said
city, and upon such orders the said defendants have, at all
of the times herein mentioned, delivered, and are still
delivering said intoxicating liquors to said residences,
persons and places of business from said so-called storeroom
or warehouse, or said shift, device or subterfuge, at said
town of Stillings, Mo., and from said wagons on the streets
and alleys of said city of Leavenworth, Kan., and thereafter
collecting the sale price of said intoxicating liquors wholly
within said city and county of Leavenworth, Kan., all in
violation of the prohibitory laws of said state of Kansas.
"(9)
And plaintiff further alleges that at all of the times herein
mentioned the said defendants have kept, and do still keep,
said wagons, vehicles, conveyances, horses, mules and drivers
within said city and county of Leavenworth, Kan., especially
at night, at places unknown to said plaintiff, and that
frequently the said wagons, vehicles or conveyances are kept
loaded over night with intoxicating liquors, which are
delivered the next morning to various residences, persons and
places of business within said city and county of
Leavenworth, Kan., and the sale price thereafter collected
wholly within said city and county of Leavenworth, state of
Kansas, all in violation of the prohibitory laws of said
state of Kansas.
"(10)
And plaintiff further alleges that a very large part or
proportion of the said places and persons to whom or which
said intoxicating liquors are sold, bartered and delivered,
in the manner herein alleged, are thereafter selling,
bartering and delivering said intoxicating liquors in
violation of the prohibitory laws of the state of Kansas;
that said defendants well know this to be a fact, that said
defendants, at all of the times herein mentioned, have been,
and still are, selling, bartering and delivering said
intoxicating liquors to them, as herein alleged and set
forth, for the express unlawful purpose and with the express
unlawful intent and design of aiding and abetting them in
violating said prohibitory laws of said state of Kansas.
"(11)
And plaintiff further alleges that the said defendants have
adopted, employed and used, and are now adopting, employing
and using the said so-called storeroom or warehouse, at said
town of Stillings, Mo., and said wagons, vehicles,
conveyances, horses, mules, drivers, telephones, and all
other property and means employed, as herein alleged, purely
and simply as devices, shifts and subterfuges to attempt to
avoid and violate the said prohibitory laws of said state of
Kansas.
"(12)
And plaintiff further alleges that said defendants have, at
all of the times herein mentioned, pretended, and do still
pretend, to be engaged in interstate commerce in selling,
bartering and delivering said intoxicating liquors, as herein
alleged, but plaintiff alleges that they have been and are
conducting said unlawful business, as herein alleged, wholly
within said state of Kansas, and are not bona fide engaged in
any interstate commerce business.
"(13)
Plaintiff further alleges that at all the times herein
mentioned the said defendants have received, and do still
receive, said intoxicating liquors at their said so-called
storeroom or warehouse, or said shift, device or subterfuge
at said town of Stillings, Mo., in original packages, and
that said intoxicating liquors are there taken out of said
original packages by the said defendants and thereafter sold,
bartered and delivered to said residences, persons and places
of business within said city and county of Leavenworth,
Kansas, in other than their original packages, suitable for
the use and...
