Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-09-21
SUPREME Jul

FIRST SESSION OF THE SEPTEM-
BIER TERM OF THE SUPREME
COURT OPENS AT GRAND
FORKS.
Grand Forks, Sept. 19.-The October
term of the supreme court has opened.
1t is expected there will be about 81
cases tried and it is expected that the
term will last the limit of two weeks.
The balance of the term will be held
in Bismarck, beginning the Both.
Clerk R. D. Hoskins arrived in the
city from Bismarck and spent the day
in getting things IN shape to begin
business. Chief Justice Wallin and
Associate Justices Bartholomew and
Young also arrived. Quite a number
of the attorneys that have cases before
the supreme court arrived on the even
ing trains and the balance will arrive
on The trains this morning.
Though there are quite a number of
important cases that will be argued
there are but few that are Of local in
terest. The argument upon the re-
hearing of the case of Willis A. JOY
VS.. the bondsmen of S. w. Mclaughlin
Will be heard. In the lower court the
bondsmen won out. There is consid-
cradle interest in this case locally as
a number Of the most prominent bus
mess men Of the city are on the bond.
Another east that will be watched with
more than ordinary interest is the case
of the State VS.. McGruer. 1t comes I'm
from Cavalies county, where it was
tried before Judge Fisk, who was sit
ting for judge SscutcT. The suit was
brought to abate a drug store on the
grounds that liquors had been sold on
trary to law. McGruer operates a
drug store in Langdon and Bosard &
Bosard, representing the state enforce.
ment league, brought the action to
have the place abated on the grounds
that 1t was a common nuisance the
same as a blind pig and should be
treated in precisely the same manner
Judge Fisk held with the defendant OF
the grounds that an equitable actor
to enjoin a drug store would not lie
against a drug store the same az
against a blind pig, for the reason thai
the drug store operates under a gov.
eminent license. The evidence wa
thought to be very conclusive agains,
McGruer, it having been shown thai
habitual drunkards had secured a:
many as IS pints and half pints O
liquor In one month. The decision
will be far reaching in its effects TO,
the reason that there are several case
of the same kind that are pending. I
the supreme court reverses the lowe
court the fixtures and so forth tina
were used in dispensing the liquor
will be c%onfiscated the same as in tn
case of a pig that had been raided, an,
the loss that will be suffered by tn
druggists that are convicted of havin
violated the law will be very heavy
The enforcement league has evidenc
against a large number of the DRUG
gists of the state and upon the decisio
of the supreme court will Deepen
whether or not they will be prosecute
the same as other blind piggers, q
whether actions will be brough
against the bonds as has been done i
several instances. Ii the suprem
court holds with the league the dru
stores that have violated the prohib
ton law will also be closed for a yea
the same as the place where a commo
blind pig has been operated.
The application for the reinstat,
ment of Leslie Simpson of Dickinso
will be one of the first matters consi(
cred. Another case that will be a,
gued is the m that has been befo,
Judge Glaspell of jamestown twic
! and involves whether or not a votiu
precinct shall be established in Bel
son county for the benefit of the 1,
dians.