Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-12-17
cept it. The enforcement Of the
laws will be the battle cry in the
next campaign.
THE MARKUsoN CASE.

THE MARKUSoN CASE.
Decision of the Lower Court
Affirmed.
The supreme court has affirmed the
decision Of the lower court in the case
of Norman Markuson, Patrick Nc
Nulty and John O'Grady, of Valley
City, appealed from Barnes county,
and as a result of the decision Mark
uson may have to go to the peniten-
tiary one yeac, and the other fellows
will have to serve ninety days in Jail
and pay a fine of $500. The appel-
lants inthe action were adjudged guilty
of contempt of court by Judge Glas-
pell, and sentenced as above. for the
violation of certain injunctional or
ders issued by the court in actions to
abate liquor nuisances. The appeals
to the supreme court were based ON
claims that the injunctions were deti-
cient, in that the search warrants were
not sufficiently specific, that they did
not describe the premises and that the
appellants were adjudged guilty OF
contempt of court and sentenced with
out u jury trial. The supreme court
atfirlns the decision of the lower court,
| in the following syllabus, which is of
special interest in the Marliuson case:
l. .Aninjunctionalor order in an equity
case, pendente lite, issued by a court
having full equity powers and coln-
plete jurisdiction of the subject mat
ter, must be obeyed while it remains
in force however irregularly or err
roneously it may have been issued.
2. Section l8 Constitution of North
Dakota, declares that no search war;
rant shall issue but upon probable
cause supported by oath or affirmation
particularly describing the place to be
searched. and the person or things to
be seized. Held, that description of
the premises as a certain lot in IL cer-
tain block, in a certain city, was sutfi-
ciently specific where there was in fact
but one building on the lot and said
building was occupied entirely by the
defendant in the action.
/ ~ w uClO ~ SOdiCll WttttIlG IL lSSuCU
under tile provisions of the prohibit
tory liquor law, directing the search
OF building occupied by two or more
ments of the other tenant or tenants
Where personal property to be seized
under such searchwarrants is described
as "All articles found there in use in
or about the carrying on of the busi-
ness aforesaid, such description being
as particular as the circumstances Of
the case ordinarily permit, it is suffi-
cient to satisfy the constitutional re-
quirement above quoted.
4. The words ''take and hold possess
sion of all the personal property found
on such premises" found in section
1908. revised codes, read in connection
with the context and under authorities
held to mean the personal property
found on the specific premises, i.e., the
particular tenement or room where in-
toxicating liquors are kept for sale
contrary to law.
8. When under the provisions of said
section 1905 a defendant is brought be-
fore the court to be tried for an allegal
contempt of court in violating terms
of an injunctional order issued in the
case, such defendant is not entitled to
II jury trial. Reaffirming the State VS..
Markuson, S N d., l47.
| +. In pleading former constitution
for contempt of court in order that
defendant may be adjudged guilty of
a second otfense. it is only NECESSARY
under section 1915, revised codes, to
allege briefly that such conviction was
had.
The decision of the lower court is
also affirmed in the cases against Nc
Nulty and O'Grady in the following
syllabus:
Wherein distinct and separate rooms
OF the same buildings, two different
lines of business are transacted, one
lawful and the other unlawful, the
premises" where the unlawful busi-
ness is carried on must be confined to
the rooms used in that business. No
one can take advantage of an uncon-
stitutional provisional of the law who
has no interest in and is not effected
by 1t.
The defendants in the above case
state that they will carry it up to the
U. S. supreme court. The case has
been stubbornly fought through the
courts, and its outcome is eagerly
looked for by many throughout the
state and northwest.
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