Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-04-04

sentiment and Ideals.
Special to the Tribune
Chicago, April 3.-That American
jurisprudence has practically demol-
ished every legal bulwark Of the So
loon and the liquor traffic must be the
candid opinion of every student Of the
now famous decision of Judge Art
man, delivered in the Boone county
circuit court of Indiana at Lebanon
Feb. Is.
Judge Artman, who, by the way, is a
former speaker of the Indiana house
Of representatives and Judge who
holds the enviable record of never yet
having had decision reversed by the
state supreme court, evidently realized
the unusual nature Of his decision and
spared no pains to state his premises
and conclusions with all possible clear
ness and detail. ...tl .. - 4
Decision an Encyclopedias of American
Court Rulings.
For this reason Judge Artman's de-
cision is exhaustive to the point of be-
ing veritable encyclopedia of Amer
lean judicial thought on the subject of
saloon license and the right of the
state to legalfze the business.
Nowhere has the attitude of state
and national supreme courts upon this
subject been SO ably and powerfully
marshaled and summarized.
Wholly aside from the Importance OF
Judge Artman's conclusions he has put
social reformers under lasting debt
OF gratitude in the wealth Of Judicial
quotation and precedents which, he
compiled for the information Of every
busy man and woman who champions
the great reform. 555
The decision as delivered is more
than 10000 words long, however, and
to save the time of the thousands who
[ will be interested In its contents and
who would like to have its most point
ed paragraphs and quotations from
other decisions In shape for ready ref
erence we have culled some twenty
five of the most striking Of these and
give them herewith for that purpose
Few people realize what an array of
state and national supreme court deci-
sions denouncing the saloon and liquor
business have been handed down with
In recent years. VI
The testimony noted in Judge Art
mans decision is the most significant
evidence of rising popular ideals and
the growing antagonism to old notions
Of necessary" public evils. S; !.
THE ULTIMATE QUESTION FOR
DECISION IN THIS CASE Is whether
or not the sale Of intoxicating liquors
at retail for beverage purposes can be
legally licensed. The court has no In
clination to evade or sidestep this prop
Ositi0n. 1t must be held that the
state cannot under the guise Of a IL
cense delegate to the saloon business a
legal existence" That Is the epitome
Of the decision Of Judge Samuel r.
Artman. The case, which was ear
nestiy pushed by leading Prohibition
lists Of Indiana, has attracted wide at
tention. and the courtroom was crowd
ed to the limit. Every available space
was packed. The decision as read by
Judge Artman created sensation and
provoked remarkable demonstration,
and at Its close the audience rose spon-
taneously and cheered enthusiastically
The ruling OF Judge Artman YVES Ia
what ID known as the Tenth ward
case" Of indianapolis At the January
session Of the board Of county commits.
sioners Of Marion county Albert Sol
tan filed his application for license to
sell Intoxicating liquors at retail In
the Tenth ward. Schuyler Young ana
William J. Trefz, voters of the ward,
fled a remonstrance. Such proceed
ings were had before the board that a
license was granted to the applicant,
q and from this order Of the board the
remonstranfs appealed to the Marion
circuit court. From that court the
Il case came to the Boone circuit court
on change Of venue.
The case was argued before Judge
4 Artman on Friday. Jan. %, the attor-
neys for the remonstrants being the
Hon Wilson s. Doan and Attorney Or
bison OF indianapolis, A. b. Kirkpat-
rick sof Kokomo and 8. w. Haynes OF
Portland .5 ,a
The chief divisions Of Judge Art
mans decision are these:
First DOES THE LEGISLATURE
HAVE POWER TO LICENSE sA.
s looms n Is the main question
Second. PLBLIC GOOD e the su-
preme law
Third COMMON Law IL against ga.
loon license. s.3
Fourth LICENSE IS privilege. mol
a restriction
fifth LIQUOR SELLING Ii not i
right Of citizenship.