Arizona daily citizen., 1901-04-24
A Temporary
Injunction Issued.

| """sO SCofSO II. baFls nhs kEAHLeu u
temporary injunction in the case OF Mary
J. Allison VS.. James Flynn, Adolph Spa
dino and Joseph Soldina.
This case is one of Importance, since
the claim is made that the saloon bust.
ness of the city is attempting to enter
the residence portion of the city.
Whether the corner of Congress and
Belknap streets is the residence portion,
| affords considerable scope for argument,
| but the main question at issue now is
the legality of the action taken by the
council in granting license to defen-
| dants Spadino and Soldina.
The council, at me ting about the
| first of this month, received an applica-
ton from Spadino and Soldina, in which
| they asked for license to open a retail
| liquor store at the corner of Congress
and Belknap streets. A petition had
been filed with the council which strong
y opposed the opening OF the saloon.
| The matter was argued in council and a
| vote was taken, which resulted in three
favorlng and three objecting to the issu-
| ance of the license. Mayor Schumacher,
owing to the tie vote OF the council, cast
bal 'ot in favor of the applicants. The
tax collector, James Flynn. was thus
empowered to proceed to issue license
to the applicants.
But before the license could be deli
vered the property owners of block 1876
took steps to check further progress by
bringing an INDUCTION suit against the
applicants and asking for restraining
to prevent the tax collector from deliver
ing the license. The papers were filed in
the district court this week and Judge
Davis today granted the demands of the
plaintiff until the matter can be argued
in court.
The attorney for the plaintiff, Roches-
ter Ford, claims that the action OF the
council is invalid. His complaint Gays
that ordinance 102 which was adopted
by the council on March /, 1897 pro-
vides in subdivision 16 of section ii that
on and after July l, 1883 no license as a
retail liquor dealer shall be issued I'M
less the person desiring the same shall
have obtained the written consent of
majority of the license committee of the
city to carry on the business. Under the
charter of Tucson the complaint
charges that every ordinance or order
passed by the common council in order
to have legal force must receive not less
than four votes and the approval of the
mayor.
Mary Allison, the plaintiff, owns prop
erty which adjoins that which is pro-
posed to be converted into saloon pur-
poses by the defendants. She says that
her property will be ruined, that it will
be unsuitable and unsalable" if the sa-
loon is established. She further saws
that the defendants propose to have
"ladies' entrance which will be close
to the residence of the plaintiff, and the
room will he used for immoral purposes
which she claims twill assail the sight
and hearing of plaintiff and her family
and visitors"
The complaint asks for an order from
the court restraining the defendant
Flynn, city tax collector, from deliver
ing the license to the defendants and
that Spadino and Soldino be enjoined
from using the premises mentioned for
saloon. The plaintiff also asks for
$500 damages and costs of the action.
The case will be heard perhaps this
week, but no date has been set for it by |
Judge Davis.
Mrs. ,IoeIle Hughes, who recently de-