, 1881-07-10


OBJECTIONS To THE NEW L1euon ORDINANCE.
i bill was tiled yesterday afternoon in the
Circuit Court by Henry Gundernan, Pclis
IIclul, Geur.o kappes, and .Jucob liuetz against
ths Town OF Lake View to prevent Inc enforce
lucnt or II ,cceHr anti-ii,luor law Thcysny they
are saoonkecpers III the town, and tiic the bill
In behalf OF themselves and Ill other saloon
kecpers Of the same place VITO may choose to
join with them. AL vi tic .onplainnnts have
been engaged III the business some time Under
lict4ises from lp board of Trustees Of the TowH
ot Lake View under the act OF lsd., Ath'nt the
18th nf March last coMplninnuts filed petitions
for licenses Tor tho ensuing gear belure
the lss,ur.l ut Trustees, aud agur, on tho
"a uf May ii!ed other petitions lce"tllna'ied hy
the necessary bonds. ActionnM these petitions
WAS deferred IT. May Ii. and then. ut thAt time.
the petitions were ordered tn be placed on hle.
Cutnplainsnss, suppos inH they woult be granted
liccllSes Icpt their s,tl.1ons open ust. until
tue .uth ct May, when Eugar Saunders, tho
'fown supervisor, without amy orders from the
Trustees. hrgu. suits against the cotlplsinAnts
fo: violation: nf the town or,1nanccs with refer
encc to unlicensed s:liou.ss.
The or,irtucc i'll question WIS passed Mhy Il,
1875. anu provided thMt the town should III. d.
tidcu lntu seven districts, which were defined;
that every sa!u"lkScper snould make applicu-
ton tor :; license at :st fifteen days before the
annual elections, and the question OF giving
such license should be voted IN BY the voters ot
the district In which he WIS. II lie rectiy ed
majority Of tho votes the Trustees we're
to give him Il license. otherwise NOT. Every une
running Il sa[us>n without Il license was to 1c
subject to tine Of NOT more than Slnl The
cases against cu1nplainln1S were henrI Siny IS,
and resulted III u disagreement Of tho jury: hut
on Il sccond trial they were found guilty. They
then appealed tn the Crllnital Court, where the
weru sueu nsull for Il similar Ofelisc, ulld
quilted. TIN the .Sth oil June. however, Sa.'n-
ders. the supervisor, began morc shifts IN the
Village If Evanston against Gunlertllnn, Kaetx,
ami Helm: bur, when they rendy for trial,
they usccr,a,ucd thut the suits had bren dis
missed, and other suits bcg1n against them in
ftSs1t &aft1I$ f3f m II
learned by hearsay that the intention WIS to
keep suing them every week. These suits arc
70 he heard aanst Gnn, IN
Kearncy, and another nganst him
1T the same hour before Justice Curry;
pefort Sf at sticc y Resruey, and one against Helm
at O'Clock. the other against tactz Ut IL O'Clock,
both before Justice keurncy.
The min question in all these cases Is the
validity Of the above ordinance and the trinl of
e:ch ease would probably take at least several
hours. if not Il whole day, and these same cues
ing In the Criminal Court
The suits. it is claimed. are brought at Evan
ston, temperance town, solely fur the purpose
Of hnrAssllig conpananss. and fnrcl'sg them
TO trial before Il prs!'dce's. Court. Or Jury
called to conse1 , The ordInanee Of May +.
r: sfss So f rsees q Sa1e n no po%er x"s
tn discriminate between different plrties
Of the same town by. dividing
power to submit the question Of licensing to 4
votc IF IL district; third, because they have TO
pbwcr to fielegute their authority: fourth, they
hive no power to declare person violating the
ordinance to hc gully Of Il nuisance and sub
iect to punishment; and. !ifth, tiley lve
power 10 make any such ordinance. The Super
visur claims tho majority OF votes was aSu,lst
granting con,pluinants, Iiccnses: hut he has,
without any license, ;ss is claimed. allowed par
ties TO sell liquor i'll Wright's Grove. The
saloon districts are snd 1u be mere nrl>trlrs
divisions, and IN provision is nude for obtain
I'M. the expression Of tho will ct minority Of
the legal votcrs III, nny election precinct on tho
0otl-liccnse question, or for securing the
faithful discharge Of tho duties OF the Judges Of
election III that regard.
In conclusion. couplainants aver that the
question ut giving tl1eIn lsCEnses has never been
tairly voted on ind that by I'LL honest election
they would c entitled 10 licenses. Saunders,
however. as ulclH!cr Of some secret and ,ltl-
known league. is combining with certain other
town officers 10 push them tn the wnll, and
threatens 70 sue them continually until they
ret AWAY. The other members of tic Holrd
have not rs set taken sides III the tight. but they
are expected to gD with Saunders. Complain
ants, therefore, ask that this alleged pcrSccu-
tion may he stopped, thut the or.tinnce may bo
declared void. und they allowed IT, selling
their liI,ior without compliance with the laws.
4 temporary injunction granted by Judge
McAllistcr under It busId for 500.