Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-22
Another Indiana Judge Decides That the Power Does Not
Exist 10 License Saloons and an Appeal Will
Be Taken to State Court
This Is the Sixth Decision on This Line and Action Of
the Higher Courts Will Be Awaited With
Great Interest on Both Sides

Indianapolis, Ind, May 21.Decis-
ion No. 4 and Legal Victory No. 6, for
the Prohibitio in their judicial
campaign to prove the saloon a nut
sance and saloon-lic ense unconstit,l-
tional has just been rendered in the
Noblesville Circuit court by Special
Judge Reed Holman, appointed by
Judge Christian in granting change
of venue to the attorneys OF Edward
u. Sopher in the case in which his own
famous decision was rendered on
April 10, last.
Special Judge Holman had no SOON
:er rendered his decision that the LID
3uor attorneys gave notices that the
defendant would appeal from the judy
ment against him to the supreme
court
This is just what the Porhibitionists
have been waiting for ever since
Judge Artman's decision, Feb. 49,.
1907.
This appeal, at the outset, Of course
puts the saloon side at a disadvantage.
The editors Of the Patriot Phalanx'
thus outlines the possible future Of
this case, now appealed to the highest
judicial tribunal in the state of In
diana: 5 ss5
!: 'The liquor attorneys, Shirts ::
and Fertig, Of Noblesville, have !.
L: filed this appeal on behalf Of their !:
client, sopher, who was fined by !.
T: Special Judge Holman for main ]:
s: tanning a public nuisance, square !:
" on the ground that all saloons !.
are nuisances per se'.''' s ):
In making the appeal to the SUI
preme Court they asked the court to
allow oral argument. 0
If this is granted, there will GER
tainly be a court room packed with
interested hearers when the case is
heard. a5 n a
THE attorneys also offered to file
their briefs in ten days, and petition
ed to have the case advanced. This
will probably not be done, as our
Supreme Court rarely advances case
the chief exceptions being when the
life or liberty of some one is in jeop-
ardy The evident purpose Of the
saloon attorneys in trying to have the
case, hurried up, is their hope to get
| the decision before the rising tide of
public sentiment In this state gets
any higher, aroused by the decisions
isof the judges who have declared the
license law unconstitutional The
isproba abilities are that the case will not
besheardeuntil after the summer yaca-
ton. !" IS
Another Liquors Seller Also Appeals.
tsAttorney Pierson has also filed a
transcript for an appeal to the Sup.
RENE Court. in the case against his
client, Mr.. Lanham, OF Sheridan who
was denied license III the decision
of special Judge Hutchinson at Leb.
anon 3
] When these cases are argued In
/ the supreme court, the saloon attor.
neys mentioned will, Of course, be re-
enforced by the best legal talent that
the liquor sides money can employ,
as the brewery and saloon forces re
alize the very life Of their business
is at stake. On the other side. how.
ever the attorney general Of the state
is required by the law to appear In
court for the temperance side, since
the decision Of the circuit court up
held the side taken by the county pro
scouting attorney. Assisted by Doan
& Orbison, 1t will certainly make 4
strong legal combination which will
plead for the judicial adjustment Of
Indiana's liquor license law
Details Of sixth Victory for Prohibss,
Noblesville, May 81 The score Il
now 8 to- Edward q. sopher has
just been found guilty of maintaining
q public nuisance in conducting I
saloon in this city He was fined ten
dollars and costs.
This was the case in which Judge
4 Christian, in overriding 4 motion d
4 defendants to quash indictment, rem
dered his famous decision declaring
4 the saloon a nuisance and the Law
which licenses It unconstitutional. Af
/ ter the judges ruling, that the facts
were sufficient I'd constitute an OF
4 ense Attorneys Shirts & Fertig fol
4 the defendant, asked for more tims