Daily capital journal. (Salem, Or.) 1896-1899, 1899-03-11
WOOdburR Charter Case
Amended Complaint Filed by the
Plaintiffs.
The Case Will BE Tined Mex, Week
Judge Boises Docket
Entries.

Inc WOOD Duru cnartef case, Wnlcl
came up IN Judge Bolse's court TIN
morning Is really a fight between tn,
prohibition and anti-prohibitlon Gle
ments Of that city.
Under the old Woo6burn charter
no license could be granted for th,
sale OF intoxicating liquors. !Ther,
has been a great difference Of opinion
as 10 the wirdom Of this kind Of pro
hibltlon, one party claiming that II
kept the liquor business out
Of Woodburn, while the other
party claimed that It only
turned the business over TO the
drugstores and "blind pigs, and en-
couraged law breaking.
There was also a provision in the
old charter, tnat no amendment could
be made thereto except by a four
lfths vote Of all OF the freeholders Of
the city, which was evidently in
tended 10 head Off a possible chang e
In the above provision.
The fight was carried into the leg.
lslature when the bill amending the
charter was before that body at the
last session. The bill passed, however
and by It's provisions a majority OF the
legal voters at an election held for
that purpose, may decide whether or
not liquor licenses may be granted.
The WDodburn officials lmmedi
ately called special election under
the act, and In the name Of B. a.
Cathey, an INDUCTION suit was then
brought TO restrain said officials from
holding such election.
The complaint sets forth that an
election Ia about 20 be held In Wood
burn under pretended charter
claimed 70 have been passed at the
last legislature.
IL then sets forth that the said act
was never signed by the governor, but
was h.ed with the secretary of state
without signature. or its passage In
the two houses the complaint alleges;
That the said act amendatory OF
the charter OF the city OF WoOdburn
hereinbefore referred 10 as proposed
by the legislative assembly of the
state at the regular biennial session
thereof for the year 1899, was not
read Ia the senate upon It's final pas
sage TO said senate. That the read
iog clerk OF the said senate only read
the onacting clause OF the said pro-
posed amendments OF the charter
aforesaid, and one or two Of the final
sections
The same allegation ls made as TO
The passage Of the bill through the
house.
IL is also denied that any emer-
gency existed, as declared Ia the act.
IL Is then claimed that the old
charter is still the legal charter OF
Woodburn, and an injunction Is prayed
Tor % restrain the defendants, the city
officers OF WoOdOurn, from holding the
proposed election.
Judge Boise granted a temporary
Injunction on February II. aud on
February "a, the defendant demurred
Ia the complaint, aud moved ,on March
q, that the Injunction be dissolved
After a preliminary sklrmish on
March the defendants were gwen un.
til 10 O'Clock Saturday 10 tile amended
answer.
Hayden ard McNarY aud WIN
Holmes were counsel for plaintiff;
Bingham aud Carson for defendants.
rhls morning McNary asked for fur
ther tine, as the amended complaint
had not been served on an of the de
PENDANTS. Bingham aud Carson OBJ
lected 10 further delay, on the ground
that the parties who had not been
served with the amended complaint
had not answered the original com.
plaint nor appeared In court. An
parties who had appeared had been
served with the amended complaint.
Bingham haying accepted service
thereof tor those parties Just before
court opened, this morning, McNary |
'ouIeuded that these other defend. /
ants may NOT have objected 60 the /
matter ia the original complaint. but /
might object % the amended com |
plalnt, aud should therefore he served /
herewith anf given a chance 10 /
answer
This was the view taken by the
'ourt aud the plaintiff was given un,
.il neNt Wednesday 10 serve the
amended complaint on the rest OF the
defendants.
DOCKET ENTRIES
$. L. Hayden vs.. II. n, Joyy, ct al.