Savannah morning news. [volume] (Savannah) 1868-1887, 1885-12-25
ESTABLISHED 1850.
j. II. EsTILLs Editor and Proprietor
PR0HIBIT[0NISTS AHEAD.
JUDGE CLARK REFUSES TO
GRANT A RESTRAINT.


Expense OF the Liquor Men.
ATLANTA, GA, Dec. 24-Judge Clark
Of the State Superior Court has refused to
grant the order restraining the declara.
ton OF the result in the late prohibition
contest, and out Of it a curious legal
struggle is likely to grow. When julius
Brown had to-day concluded the argu-
ment he begun yesterday, Judge Clark
turned in his chair and, after adjusting
his spectacles, said: "The argument on
both sides, has been characterized with
singular thoroughness and courtesy. l
have not prepared an opinion ir writing,
although have paid the closest attention
possible to the arguments and evidence of
the case, and my mind Is made up, how
ever, upon the subject.
sACREDNEss OF THE BALLOT.
''There are several questions that have
been touched upon that / do not feel called
upon to take into consideration, but will
only touch briefly upon those that come
within my considerations. The plaintiffs
rights, it seems to me, have not as yet
been interfered with, and until they are
he has nothing to complain of, notwith-
standing the astute counsel, for the COM
plainants have made able and ingenius
efforts to carry that point. The court has
no power to interrupt an election, 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 people spoke
their wishes in this county on Nov. %,
and it is a matter of the gravest moment
for any court or power TO attempt to set
aside that expression of the people, |
have concluded that l cannot grant the
order for perpetuatiOn of this bill of re-
straint."
AN APPEAL ANNOUNCED.
Mr.. Brown Immediately sprang to his
feet, and gave notice that the case would
be carried to the Supreme Court, and
moved for continuation of the restrain
ing order.
Col. Westmoreland objected, and a
general legal melee followed, in which
the court and counsel TOR 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 of
restraint. He said That the rights Of the
other side could be just as well estab-
lished in the Supreme Court after the Or
binary had consolidated and declared the
returns.
NEW LICENSES TO BE ASKED.
He also said that the liquor dealers
would at the beginning of the new year
attempt to take out new licenses, which
would introduce new complications into
the litigation, thus delaying the carrying
out of the will of the people for an addi-
tional length of time. Should the Su-
preme Court uphold the decision rendered
by your Honor this morning then the
rights of the people will have been un-
injured, but if that court should not sus-
tain YOUR Honor's decision the rights OF
the other side will be just as speedily aud
efectually established.
Col. Mynatt followed with an argument
against the continuation OF the restrain
ing order for half an hour.
Mr.. Brown followed Col. Mynatt with q
strong speech in behalf of the plaintiffs.
He stated that they would expedite mat
ters, and were willing to submit TO the
conditions if the order was extended tenn
porarily.
EXTENSION REFUSED.
Judge Clark said that although he had
at first been inclined to grant the eX-
tension, upon listening to the arguments
he had decided that he could not do SO,
and the order was set aside.
Hereupon Judge, Hammond, who did
the same office Tor Judge McCay in the
United States court, handed mis- Honor
legal form of an order in the case, which
was signed by Judge Clark. The court
room became a scene Of confusion at this
lNncture and the counsel for the con-
lestces hasteEed to a council. After
brief time apart one OF their number went
across the room where Judge Calhoun
was citing and told him that another
notice would be served upon him and that
an application would be made to the
courts for more time.
JUST TOO LATEr
Judge Calhoun told him that his notice
was TOO late, pointing to copy OF the
declaIation lying on the table before him
already signed. A notice was served
upon Judge Calhoun as soon as the de-
cisi0n Of Judge McCay was rendered IN
The United States Court, asking him not
oodo 50 until Il proper time bad 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 Clark removed all restraints, and
ne therefore signed the order declaring
ae result in which il was declared that
me majority for the dry ticket was 22S
ana that the law will 20 into effect upon
Jus publication once week for four
weeks.
PUBLICATION TO BE RESTRAINED,
II Is the intention OF the liquor men TO
L. ~ w AAN IbAe1b VI Nhl NbeeAg ~ ~ ~
court for an order to restrain the publi-
Gallon az once. Julius Brown prayed Tor
mandamus to compel Ordinary Calhoun
70 accept and hear tue contest filed by
1cOyille a Beerman, proprietOrs Of the
hlnbail house. 1t is alleged that Judge
calhoun signed the order declaring the
esult while still in restraint and before
uage Clark had released him, showing
oat Ordinary Calhoun acted with inde-
cent haste.
TO COME tP MONDAY.
The case in this shape will come up on
aonday. In the meantime the order OF
uuge Pardee OF the Federal Circuit
ourt requiring the orc nary to show
ause why the election should not be de-
jared nun and void IS still ia the docket.
uage Pardee has, however. played a
uger Joke on the boys by designating
uuse McCay to hear the case for him.
Judge McCay has already decided
pom the points Involved IL would appear
u the Pardee order would be but grim
'9e on the liquor men.
THE HILL MONUMENT.
ne Hin Monument Association has de-
ued 20 locate the monument IN Grant
alh Tor the present, and as soon as the
aptol is finished 10 remove the monu-
'gnt 70 the park at the capitol.
lo-uight the congregation OF 80. Peters
y ~. Paul Church surprised the pastor,
" Father j. y. McMahan, with hand