Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-03-12
DRUGGISTS, PERMITS.
More Work For the Courts in Litiga-
ton Over Druggists Permits
in the State. -.
Appeal Will be Taken to the Supreme
Court in Well KNOWN Case in
Cavalier County.


Cavalier County.
Grand Forks, March l2-There is con-
siderable interest taken by the enforce
ment league element at Langdon over
the application OF McGruer, the Langdon
druggist, for permit to sell liquor,
which was granted by County Judge
Dorval. The matter was not ended
there, however, as Bosard & Bosard have
been instructed to prepare an appeal
from the decision of the county Judge,
and the granting of permit to McGruer
will be vigorously fought by the prohibi-
ton people Of Langdon.
A word of explanation as to the reason
for the opposition to the granting of
permit to him may not be out of place at
this time. Some time ago Injunction pro-
ceedings were brought against McGruer
praying that his place be closed on the
grounds that he had sold liquor contrary
to law. The testimony in the case was
voluminous, and was bitterly fought by
both sides. The lower court decided in
favor of McGruer, and the temporary in
junction was dissolved. An appeal was
taken to the supreme court by Bosard &
Bosard, who were prosecuting, and that
body reversed the decision of the lower
court, and an order was forthwith issued
making the Injunction permanent, and
the building of McGruer was closed for
a year, beginning last January.
McGruer erected new building ad-
joining the old one and is ready to start
in business again and made application
as stated for permit to sell intoxicating
liquors, and the application was granted
by the county court. The league people
are of the opinion that the record made
by McGruer in the case that went to the
supreme court isconclusive evidence that
ne should not be granted another permit
to handle liquors and will put up a stiff
fight against such action.
Bosard & Bosard are also preparing the
papers for an appeal to the supreme
court in the case of the State of North
Dakota vs.. H. D. ALERT and Richard T.
Burke. This case has been pending for
some time past and judgment was entered
but few days ago in favor of the de-
PENDANTS. The case was tried before
Judge Fisk, who acted for Judge Sauter,
and though he held for the defendants
some of the findings of fact are very in
teresting reading. Judge Fisk was of
the opinion that an Injunction would not
lie against the defendants for selling
whisky when they had a permit, and
that an action would have to be- brought
against them for violating their permit.
As this decision was reversed by the SUI
preme court in the McGruer case, Bosard
& Bosard feel confident that the decision
in the case against ALERT and Burke will
also be reversed and that their place of
business will be closed.
Below are given a few extracts from
the findings of fact by Judge Fisk in
the case against II. D. ALERT and Richard
T. Burke:
During all the time named in said CON-
plant, the said e.. D. ALERT and Richard
T. Burke kept upon said premises intoxi-
eating liquor, consisting of whisky, wine,
brandy, beer, alcohol, gin and rum in
large quantities.
In the sale of Intoxicating liquors by
the said II. D. ALERT and Richard II.
Burke, as aforesaid, by the defendants at
their drug store, the said defendants
were not in the habit of administering
an oath to the persons purchasing intoxi-
eating liquors at their said drug store
upon lot 13 of block q Of the original
townsite of the city of Langdon aforesaid,
did sell total of 1861 gallonsof whisky,
56A gallons of brandy, So gallons of beer,
22S gallons of alcohol, 8 gallons, / quart
and l pint of wine, 10 gallons, 8 quarts
of gin and l gallon and one pint of rum.
That the defendants kept Intoxicating
liquor in their drug store building afore-
said, in the city of Langdon, for the pur-
pose and with the intent of selling the
same to be used and drank as beverage
and for the purpose Of selling the same
in violation of law.
That the defendants have continued to
sell Intoxicating liquors in the same. man,
ner and generally to the same persons
down to the present time at their drug
store in Langdon. s3 ..s ~: -: -
z Tt was also mentioned in the findings
of fact that the defendants had sold
liquor to minors on divers occasions and
that they had been in the habit Of selling
all kinds Of fliquois TO habitual drunkards.
The case against Donovan viii also be
appealed to the supreme court by both
parties and viii probably come up at the
next term. II.
4 X