The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-02-02
WHO WILL WIN
Citizens of Jacksonville
Want Saloons to
Close
CASE ARGUED
Here Lass Night Before Judge Fer
susen-Unique Point OF Law In
yoIved+acksonviIIe Went Dry ON
December 10th by a Large Major
ity-Saloons Had Been Granted
Right 20 Get License Before Elec-
.sin-Acense Was Granted After
HeCtion.

Judge @. 8. Ferguson heard argu-
ment last night il a case concerning
the right of several saloon keepers in
Jacksonville. N. c., to sell whiskey
since Jacksonville voted whiskey out
by a large majority The points in
volved are rather unique and this
makes the case quite Interesting.
On the 1Gth of asst December the
town of Jacksonville went dry by a
large majority. There were two
saloons in the town and the pro-
p~rietors having already ecure the
right to renew their license. did
so and refused to close their doors.
The saloons are owned by Messrs.
J. n. Bell and Geo. n. Barbee. On
the first Monday in December they
went before the county commission
ers of Onslow county and secured
permission to get license for the en-
suing six months, viz: from January
1st until July 1st. On December 10th
the election was held and whiskey
voted out. Just before the first Of
January. when the saloon license ex-
pired, the proprietOrs secured a new
license for six months. The saloons
remained open until January 21st,
when Mr.. F. w. Hargett, on behalf
of the citizens of Jacksonville who
were opposed to the saloons. brought
an injunction proceeding against
Messrs J. n. Bell and Geo. n. Bar
bee. to restrain them from selling
whiskey in the town of Jacksonville.
The as came up before Judge o. H.
Allen at Kinston and IN order was
issued restraining the saloons from
selling intoxicating drinks until the
case could be heard. The case was
made returnable before Judge Fergu-
son in Wilmington. After remaining
closed one day the order was modi-
fed allowing the saloons to remain
open until the legality of the license
was decided upon by Judge Fergu-
son.
The argument in the case was not
concluded last night. but will be fin
ished tonight. when Judge Ferguson
will probably make known his de-
cisisa.
There Is much interest being taken
by the citizens Of Jacksonville in re-
gard to this matter and several OF
them were here yesterday.
These who voted against the
alooAs say they do not see what
legal right a saloon has to remain
open after the town in which 1t is
located has voted on the matter and
decided against the saloon by a large
majority. The saloon keepers on
tend hat the law gives them six
months in which to close out their
business. Those who are fighting the
matter say that a saloon has a right
to six months provided h license
is not secured after the election is
held, but that they have not got the
right when secured after the election,
as in this case.
The pr]oprietors of the saloons, ii
seems. were granted permission on the
first Monday in December by the
county commissioners and city au-
thoritieS to get license. but the license
was not secured until near the last of
December.
Tie decision in this case Will no
only be of interest TO the citizens OF
Jacksonville. but the case VIII be
watched with interest all over the
state.
The saloon men are represented by
Messrs. w. d. McIveT and E. NJ
Kuonce, of Jacksonville, and the cit
liens by Mr.. a. D. Ward, of New
Bern. and Frank Thompson, of Jack