Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-30
UNIQUE CASE.
prohibition by Injunction"
Heard Before Law Court.
arguments Pro and Con Made in
Behalf Of Bath Parties.
TAra''e' TO Barry Case from WaserviIIc. .Ems.
n'ted from the Civic League.

COURT III the history of Maine juris-
; prudence. was argued before Chief
justice Wiswell and the other justices
az the court house, Wednesday. 1t is
"hat Is called a case of prohibition
py injunction" and emanated from the
'hilsti.n Civic League in the efforts
OF mat organization to relegate the
hquor tfallc to the background
IL VIII be remembered that sometime
ago bill in equity was brought be-
; lore Judge Whitehouse of the supreme
1udicial court on a petition signed by
! ~ citizens OF Waterville. including w.
+. berry, secretary of the Civic
League. Rev. DR.. A. r. Dunn and
Horace Purinton. praying that William
A. Harry be restrained from conduct
ing an alleged nuisance at 5 Common
street in the city of Waterville. Barry
through his counsel, Judge Warren c.
PhilbrooN of Watervile. filed de-
murrer. The demurrer was overruled,
exceptions were taken, which We're al
lowed. and the case was carried to the
law court before which tribunal ii will
be argued at Portland in July.
1t was some time in February that
| Rev. Austin !. Davis Of Bath, Free
VIII Baptist clergyman and a member
OF the Civic League, and 10 others
pettioned the court through a bill in
equity TO enjoin George Schopp.e and
Zehulon G. Aud from maintaining al
legged nuiSances at 13S and 1Ol Center
street respectively in the city of Bath.
The plaintiffs also sought to enjoin
Roland a. Fisher and Fred II. Thomp-
son as trustee for Frank A. Thompson
owners of the buildings, from allow
ing them to be used for the sale of in
toxicating liquors. The same method
OF procedure was used in these cases as
iii the Barry case. The hearing was
held before Judge Fogler and by agree
ment was assigned for this term of the
law court. The action is brought ac
oording to the public laws of 1891
which allows a bill in equity on pc
tition signed by 20 citizens of a place
asking that a nuisance be abated to be
brought before the supreme court.
Frank L. Staples. Esq. appeared for
Schoppie. George z. Hughes. Esq. for
Aud and Fisher. John Scott, Esq. for
Thompson and Frank +. Southland
Esq. for the petitioners. All are Bath
attorneys. Messrs. Staples and
Southland formerly practiced in this
city.
The attorneys for the defence argued
that in this case it has jurisdiction
precisely as in other matters of equity
and where there is not plain.
adequate and complete remedy at law:
that if there is remedy at law the
equity powers are not to be brought into
use: that as a general rule it is
necessary that the fact of the nuisance
be established at law before an injune-
ton will issue: and that according to
the usage and practice of equity when
private citizens seek to abate public
nuisance. they must allege and prove
some special and peculiar damage to
themselves not suffered in common
with all the citizens of the State.
Attorney Southland for the petition
ers argued that the laws prohibiting
the sale of liquor have uniformly been
/. held to be constitutional. 1t was
claimed by the defendants that the
, plaintiffs could so to the grand jury
: with their facts. But that body might
! refuse to indct and the plaintiffs
! would have no right to appeal. If an
:. Indictment We're found it might be mol
: pressed. continued or otherwise dis
posed of against the wish and consent
Of the Plaintiffs. and in spite of them
| After an indictment is found the
! county attorney would be practically
omnipotent in it's prosecution. His in
duence is generally sufficient to dis
pose of any ordinary criminal case as
he chooses Private persons have abb
solutely no voice in such matters.
In closing, Attorney Southland said:
1T is notorious that in one place al
1 least in this State the law is not en-
forced at all and in many others such
enforcement as it gets establishes
1 system of license. The saloon and its
|. hangers-on are continually being USED
by ward healers and politicians fol-
purposes that are corrupt and wicked
If I had my way would impartially
and rigidly enforce the law until the
n traffic was entirely effaced or the law
!, wholly wiped off the statute books.
Z The decision is reserved. The out
n come of this case will be awaited witt
3 a great deal of interest by the tenn
d perance people, the owners of building:
: where it is alleged contraband liquor!
!, are sold and the dealers themselves.
r The Sagadahoc case of George
8 Newell vs. Benjamin F. Curtis wa
l. argued by Charles d. Newell. count!
= attorney of Sagadahoc. for tn
/ plaintiff. and Frank E. Southland
:, Bath for the defendant his Is SUI
o for damages and verdict was rendered
for the defendant. Attorney Newell
argued that the verdict was contrar.
to law and evidence.
1t was with profound regret that tn
justices heard of the death of Mrs
a, Powers. wife of Judge Frederick A
nj Powers. at her home in HoultOr
he Wednesday morning. Mrs. Powers ha
!. |. been i'll but about three weeks and he
A. sickness would not allow Justice Pow
iers to be present at this term of court
e Nearly all the members of the benc
n will attend the funeral.
on The case of Reed VS.. the Maine Cen
70 tral Railroad Co, q Sagadahoc count
On case, assigned for this term. has b
agreement between ex-Judge Enoc
n Foster of Portland. attorney for tn
ne plaintifc. and eX-AttOrney General Or
Ie- Vile d. Baker for the defendant. bee
as assigned for the term at Portland
10 which will convene on the third Tues
day of July. In this case the plaintiff
he sued the defendant for injuries allege
IS tn have been received through tn
a. negligence Of the defendant compan!
er- The verdict was for the defendant.
lin
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