Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-02-27
Saloon Property of w. IL.
Robinson Ordered Released
From Custody.
This Will Doubtless be Followed
With Releases in the
Other Cases.
The Points of Law Oh Whlch
the Order Was Made by
the Court.
The Remedy Now Lies i'll the
Grand jury and by
Trial.

Citizens of the county are acquainted
with the fact that late in December a
raid was made on blind pigs in James
town and several OF them we're closed.
The final act in one OF these cases was
performed Tuesday under an order by
Judge Rose directing the sheriff to sur
render all property taken by him from
Robinssn's place, including wines,
liquors and beer.
THIS will strike one not familiar with
the law as strange proceeding, butts is
not only in strict pursuance OF the PLAIN
letter of the law, but could not be
avoided as the matter stood.
The fact is that the assistant attorney
general who took these cases into his
own hands and acted without consulting
the local authorities did not perform bis
full duty as commanded by the statute.
The law says that when the attorney is
satisfied that liquor is being sold be
must bring criminal proceedings and
may also bring what is called an equity
proceeding also, to abate what the law
deuominates nuisance. In the James
town cases the assistant attorney gen
eral himself made complaints alleging
the illegal sale of liquor but wholly
neglected his duty to bring criminal
actions. bringing only equity proceed
ipgs to abate the nulsances and to re-
cover costs and "a reasonable attorneys
fee.''
The law provides that IN such pro-
ceedings, if the owner Of the place pays
all costs and fees and puts up good
bond to the effect that the place shall
not be used as blind pig within one
year, then the whole proceeding is at an
end. OF course, if the whole proceeding
is ended no judgment can be rendered
in it and nothing is left to co but to re-
lease all the property.
It seems that this precise phase OF the
prohibition law has never before been
taken advantage of. But in Roblnson's
case Mr.. Camp, his attorney, had all
costs and fees paid and bond filed and
then moved for release of all the prop
erty with the result above Indicated
In the other jamestown cases 1t IS ex-
pected that similar orders will be asked
and made.
The effect of this will be that here
after the enforcement league ana all
others Interested as citizens or officers 10
executing the law will have to resort to
criminal proceedings rather than TO IN
innctions which have hitherto been the
favorite remedy.
Indictments and ;nformations will now
bs in order against all who are supposed
to be raising sightless porkers.
This is as it should oe. The grand
iury will be in session tomorrow, sworn
to investigate all violations OF law.
The way to punish crime is by crlml'
nal proceedings, not by secret injunctlons
and orders which are mere subterfuge
to avoid tho time-honored method OF
indictment and open trial before twelve
fellow citizens.
The Jury system has been the safe.
guard of liberty for centuries end will
live long while yet.
II ia learned that Judge Rose has re-
Gently made more careful examination
OF our liquor law than heretofore and
compared it with similar laws OF Kansas
and Iowa and the decisions OF those and
other states bearing upon the question
npon which be rendered q decision yes
terday.
AS result OF this investigation into
the law and decisions, the judge Las
zone farther than in similar cases here
tofore, having become satisfied that such
a course is reasonable and just. 1t COM
pels criminal action to be taken against
yiolators OF the law, as we'll as equity
proceedings against the property.
Judge Rose states that he is ready to
discuss this question with any person,
and to defend his position, at any time
when not otherwise engaged in court
matters.
What action the prohibltlonists or the
enforcement league proposes, or will
take, 10 not known. The following is
the text of Judge Roses declsion:
State of North Dakota. OK rel p. J. Nc
Glory, plaintiff, vs.. Klaus, Lloyd and
ID w p1h;uoop 1ofon6QnfR
Decision on motion to dlsmiss
This motion came on for bearing