The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-26
PROHIBITION IN GEORGIA.
The Defeat of the Liquor Men-An Appeal
to the State Supreme Court.
Atlanta Special.

Atlanta Special.
Judge Clarke, of the State Superior Court, has
refused to grant the order restraining the decara-
ton Of the result in the late prohibition contest
and out of it curious legal struggle is likely to
grow. When julius Brown had concluded his
argument. begun yesterday, Judge Clarke turned
in his chair, and after adjusting his spectacles,
said:
1.-THE argument on both sides has been charac.
terlzed with singular thoroughness and courtesy.
have not prepared an opinion in writing, al
though have paid the closest attention possible
to the arguments and evidence OF the case, and
my mind is made up, however. on the subject
There are several questions that have been
touched upon that l don't feel called upon to
take into consideration, but will only touch
briefly upon those that come within my consd-
Grafton.
Plaintiffs rights, it seems to me. have not as
yet been interfered with, and until they are he
has nothing to complain of, Notwithstanding the
astute counsel for complainant have made able
and ingenious efforts to carry that point
"The court has no power to interrupt an cleo
ton, which is one of the most sacred rights Of
the people. This is a government of the people.
and the benefit of any doubt should be in favor
of the vote of the people Eight thousand peo
pie spoke their wishes in this county on the 10Th
of last month, and it is the matter of the gray
est moment for any court or power to attempt to
set aside that expression of the people. l have
concluded that | cannot grant order for
perpetuation of this bill of restraint"
Mr. Brown Immediately sprang to his feet and
gave notice that the case would be carried to the
Supreme Conrt, and moved for continuance OF
the restraining order. Colonel Westmoreland
objected, and general legal melee followed, in
which the court and counsel for both sides were
striving to make their points Judge Hammond
took the floor and spoke at considerable length
against the granting of an extension OF the bill
IT, kl.A ~ o. &c ! hn
other side could be just we'll maintained in
the Supreme Court after the Ordinary had con-
solidated and declared the returns. He also
said that the liquor dealers would at the be-
ginning of the new year attempt to take out
new licenses, which would introduce pew
complications into the litigation, thus delaying
the carrying out of the will of the people for an
additional length oftime. Should the Supreme
Court uphold the decision rendered by your
Honor this morning then the rights of the peo
pie will not have been injured; but if that court
should not sustain your Honor's decision the
rights of the other side will be just as speedily
and effectually established
Colonel Mynatt followed with an argument
against the continuation Of the restraining or
der for half an hour Mr.. Brown followed Col.
Mynatt with strong speech in behalf of the
plaintiff. He stated that they would expedite
matters and were willing to submit to con-
ditions, if the order was extended temporarily.
Judge Clarke said that although he had at first
been inclined to grant the extension, upon list
ening to the arguments he had decided thatshe
could not do so, and the order was set aside.
Hereupon Judge Hammond, who did the same
Office for Judge McCay in the United States
Court. handed his Honor legal form of an
der in the case, which was signed by Judge
Clarke
The courtroom became scene of confusion
at this juncture, and the counsel for the contest
ees fastened to council After brief time
apart one of their number went across the room,
to were Judge Calhoun sitting and told him
that another notice would be served upon him
that an application would be made to the courts
for moro time.
Judge Calhoun told him that his notice was
too late, pointing to copy of the declaration ~
ing Oh the table before him already signed A
notice was served upon Judge Calhoun
as the decision of Judge McCay was rendered in
the United States Court, asking him not to do so
until proper time had elapsed. But as that
notice had been withdrawn, he said there was no
reason why the paper should not be promptly
signed as soon as Judge Clarke removed all re-
straints, and he therefore signed the order de-
claring the result, in which it was declared that
the ajority for the "dry" ticket was 228, and
that the law will go into effect upon its publica-
ton once week for four weeks
1t is the intention of the liquor men to apply
to the judges of the State Supreme Court for an
order to restrain the publication. At once Ju-
Illus Brown prayed for mandamus to compel
Ordinary Calhoun to accept and hear the contest
filed by Scoville & Beerman, proprietors of the
Kimball House. 1t is alleged that Judge Cal
houn signed the order declaring the result while
still in restraint and before Judge Clarke had
released him, showing that Calhoun acted with
indecent haste. The case. in this shape will
come up on Monday. Meantime the order of
Judge Pardee, of the federal circuit court, re-
curing the Ordinary to show cause why the
election should not be declared null and void, is
still on the docket Judge Pardee has, however.
played queer joke the boys by designating
Judge McCay to hear the case for him. AS Judge
McCay has already decided upon the points in
volved, it would appear that the Pardee order
would be but grim joke on the liquor men.