Arizona republican., 1898-03-18
THE COLD WATER CLAUSE.
The Validity of the Glendale Deeds tc
 Be Tested.

suit involving rather important question, and so far as this territory is concerned, a novel one, was filed iii the office of the district clerk yester- day. It is an action by the New Eng land Land company against Walter Lund and J. c. Johnson to recover title to a tract of ground bought by John son of the plaintiff. There is nothing in the complaint from which one bav- ing no previous knowledge of the mat ter could gather much satisfactory in formation. The New England Land company, formed several years ago, or ganized at Glendale what was called a Temperance colony. A simple, but what was believed to be an effective precaution, was taken to forever ex
 clude saloons or other places in which alcoholic drinks were sold from the community.
 Every deed to property in the colony contained a clause by which the party of the second part bound himself not to sell liquor upon his premises, not | to lease it to other persons for the purpose of selling liquor, and this con dition was made binding not only upon the original purchaser, but upon his heirs and assigns forever.
 No attempt was made for several | years to introduce the alcoholic trade into Glendale and it was pointed to as model community. It was little | dry at times, but there were none of | the exhileration, heart burnings, eX- banding heads, poverty and delirium
 incident to more bustling and wide open towns. In lieu of these things | there were churches, a good school, ! iot contentment. At last the company sold
 two lots to J. c. Johnson, resident
 of Illinois, and gave him cold water
 deeds for them. MT. Johnson did not
 buy the property for the purpose of
 putting up saloons on them. He got them for speculative purposes. But speculation in all town property in the
 Salt River valley outside of Washing ton street. Phoenix, ceased al
 most as soon as it began and MT. John sons investment never became divi-
 dend yielding until he leased twenty
 feet of his property to Walter I.und
 for a drug store a couple of years ago. The demand for drug store al Glendale had never been vociferous
 The habits of the people had been SC ) simple and temperate that they needed no remedies nor physicians. MT. Lund's 7 stock was peculiarly adapted to a Kan sas town or a local option town any. where. The dispensary included be side the usual spirits for medicinal purposes, bottled beer and othel liquid drugs to which no one has evel had the temerity to apply Latin ol 2 Greek epithets. Every customer fur nished his own prescription and th' directions were, "sig: whenever vol
 feel like it." and "whenever you hav'
 the price, The temperance colony wa temperance colony only in name The cold water idea must be aban
 doned or MT. Lunds drug store mus
 be suppressed.
 The owner of the property upOl
 which rum power had found a foot
 hold had returned to his home in Hi t nois and had left Byron Bliss at Glen
 dale as his agent. As long ago a
 last summer MT. Bliss began to at c tempt the eviction of the drug store
 and suit was begun against MI S Lund before local justice of tn
 peace. He wisely took a change 0 $ venue to Phoenix and the case wa = brought into Justice Kincaid's cour
 On the day it was to be tried MT Lun s presented telegram he had just re l, ceived from Johnson saying that h
 had not authorized Bliss to begin tn
 action and he asked to have it dis ,d missed. This was done and sine then the drug store at Glendale ha , been running an unrestricted cours III The binding character of deeds sin u liar to those of the New England Lan
 company have been tested in th K lower courts with varying results, bl It. Tn one case at least the temperate
 people won in the supreme court