Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-12-05
THE ATLANTA INJUNCTION.
Judge McCay's Rostsaining Order Ira
the Prohibition Case.

Judge McCay's Restraining Order Ira
the Prohibition Case.
Atlanta, Ga, Dec, Judge McCay,
of the United States district court, late
tonight granted ON injunction restrain
ing Ordinary Calhoun from countings
consolidating and declaring the vote on
the recent prohibition election. The
bill fled by the attorney praying for
the injunction, covers thirty pages Of
closely written legal cap, and contains
complete history of the prohibition
legislation of Georgia from colonial days
up to and including the local option bill
of September, 1885. The bill was
filed by Simon We'll, trustee for Percy
Il. Nusbaum, Samuel Nnsbaum and Ber-
thold Nusbaum, under the last will
and testament of Simon We'll, late of
Laporte, Ind, as trustee of Paul Jones,
and Cox, Hall and Thompson, and iss
against Ordinary Calhoun and the At
lanta City Brewing company. II prays
that the ordinary may be prepetually
restrained from announcing the result
of the vote, and that he be Temporarily
enjoined from SO doing until the bill can
be argued. The bill takes the ground
that the local option law is unconsti-
tional. and that everything touching
that law since the adoption is unconitit-
| tutional, ! recites the fact that when
the local option bill was passed by the
| legislature it was provided that it should
be published on certain days, but that
it was printed on dates subsequent to
| those ordered; that it is unconstitution-
al because it interferes with the inter-
state commerce laws in this, that it will
prevent the sales within the state Of
| wines made outside the state;
that 1t discriminates in ia
yor of home made wines
as against foreign wines, because it
prohibits tsis sale Of the imported goods,
while it allows the sale of Georgia made
| wines. Referring to the recent election,
| it declares that it was wholly illegal, IL
legal because it was not advertised, as
provided by law, forty days before being
] held; illegal on several other grounds
stated. The bill declares that the elec-
ton within itself was illegal because
three precincts voted when they had no
right go TO do. 1t also say that there
shall be only one polling place, shall
have three managers; that the county
commission alone has the authority to
| govern and direct elections; that Ortli-E
nary Calhoun in chambers, without the
concurrence of the commissioners, gave
authority for three ballot
boxes at each precinct The
bill then declares that these
boxes were 30 remote from each other
that each one had but one manager, and
that man could vote in but one box, no
i more than if they had been separate
4 H..
made three polling places in each pre-
cinct, which is wholly illegal, and that
the election consequently lie null and
void. The bill recited the fact that seq
tion 1865 of the code says: at shall
not be unlawful to make or sell wine in
the state" and that this had never been
repealed, even by the pretended local
option bill. The bill was presented to
Judge McCay by Hon. Willis A. Haw-
kins, Judge Tompkins, MIR. Julius T..
Brown, Mr.. Albert Cox, Mr.. Tom Glenn,
Mr.. Alex King, and a temporary iniunc-
tion was granted restraining Ordinary
Calhoun from consolidating and an
nouncing the votes until Tuesday, the
9Th INST, when final argument will be
heard. Col. ". L. Calhoun, ordinary OF
Fulton county, was asked:
"Have you heard that Judge McCay
has granted temporary injunction
against declaration of the vote on pro-
hibition ?"
! EYES," replied Col. Calhoun.
4 What are you gong to do about itT'
"Ofiiciallyl cannot say. The paper
has not been served on me yet. Ishall
postpone any action on my part for one
week. The injunction will be heard on
It's merits on Tuesday, December Sth.
and will delay declaration of the vote
until after that date"