Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-10-23
What is MALT?
is The QUESTION
HEDMARK SEEKS TO RE-
PLEvEN THREE BARRELS OF
THE STUFF SEIZED BY CHIEF
WING, WHO REFUSES TO GIVE
UP THE GOODS.


of business of James Hedmark is be-
ing worked out. in Justice and district
courts.
1t appears that Chief Wing, when
he raided the place seized among
other things, three barrels and SO bot
ties of Schmidt malt, which He'd
mark now seeks to recover through
replevin proceedings and which Wing
refuses to give up, under the follow
ing contention embodied in an affi-
davit presented to the district court
by Assistant States Attorney Anger:
E. P. Wing, being first duly sworn,
deposes and says he is the defendant
above named; that the summons in
the above entitled action was served
on him on the I'D day of October,
1908; that in said action the plaintiff
seeks to recover of the defendant the
possession of certain personal proper
ty more particularly described as
three barrels Of Schmidt malt and
thirty-eight bottles of Schmidt malt, of
the alleged value of one hundred
twenty-five dollars; that the said de-
fendant has the said property in, his
possession under and by virtue of
levy and seizure pursuant to a search
warrant issued out of the justice court
of Geo. L. Gilbert, justice of the peace
in and for the county of Burleigh
and state Of North Dakota; that the
said search warrant so issued and
delivered to affiant was, as affiant
is informed and believes, issued in
pursuance OF the provisions of chap
ter 100 of the session laws of 1907;
that under and by virtue of the search
warrant aforesaid the affiant sexecut-
ed ana seized and now has in his po-
session the aforesaid property; that
the said property is alleged to be
intoxicating and that a proceeding
to determine whether or not the said
property so seized is Intoxicating is
pending in the justice court out of
which the said search warrant issued,
and that the said James a.. Hsdmark
has received notice thereof, and affi-
ant is informed and believes that all
matters pertaining to the intoxicating
character Of the property SO seized
may be determined in said action;
that among other things, the said
property was seized upon the ground
that there was reasonable ground to
believe that said property would be
used as q means of committing a pub
lie offense, that the affiant has the
said property in his possession in the
performance of his official duties, and
affiant believes that the administra-
ton of justice and the due perfor-
names OF his duties will be
limpeded by the prosecution
of the above entitled action without
the discrimination of all questions in
volYed in the proceedings now pend
ing In the justice court OF the said
justice of the peace.
Wherefore, affiant prays that all
proceedings in the above entitled ac-
ton be stayed for a period of twenty
days or until the determinations OF
the proceedings now pending In the
justice court of said Geo. L. Gilbert,
justice of the peace, relating to the
seizure Of said property hereinbefore
mentioned, and that the sheriff of the
county of Burleigh he restrained dur
| ing said period from selling and TAX
1 ing into his possession the property
hereinbefore described pursuant to a
requisition made by the attorney fol
1 the plaintiff in the above entitled 40
tion.
4 The district court declined to issue
the order requested and the chief ol
| police refuses to deliver the malt Il
| the sheriff and has It locked up, SC
that II It Is seized by the county of.
fetal 1t viii have to be by force.
a It is understood Hedmark contend
t1iO matt 10 1i1l anu tIUSkf-
fore the chief has no right to seize
it under chapter 100, laws OF 1907
Chief Wing intends to fight the cas-
and before 1t is over a determination
as to the intoxicating qualities ii
malt may be arrived at. II it IL
shown to be intoxicating then i
comes under the provisions OF char
ter 100, and In fact under the entire
primary law, and a number of place
in the city selling this alleged mon
intoxicant as cover for selling tn
real STUFF with the label torn of
will come under the purview of ii
law
J Up to last night the sheriff had nc
: secured the malt.
i Preaching and Practice.
Didn't tell you to take the q
and cut wood enough to keep til
y Il hrs,Gs> M ,.y,s pr "a