The Montgomery advertiser., 1909-11-25
PROPERTY GIVEN PROPRIETORs
ChanceDor Gardner Makes Null
 The Wit of Seizure.
pec1ares |. opinion That the Place Complained of Was Net shown ] to Be In Reality . Liquor
 Nuisanee---Third suc-
 cessive Ruling. als...

The status of the Weakley-Fuller bf1l in the test case of the State of Alabama against Joe Abraham, and others, operating the Silver Dollar saloon. was shorn of some doubt We'd nesdhy when Chancellor L. D. Gardner issued an order diss plying the injunc- ton and the writ of seizure against the saloon. The sherif Is ordered to restore all the property belonging to ! the owners of the saloon.
 The Chancellor tustffies his action in fhe case in these W ords: After a careful consideration of the evidence here adduced, am not reasonably sat- isfied from this testimony that liquor nuisance Is being conducted by the respondent. Abraham, as alleged in the bill. and that as a consequence the bill should be dismissed" The bill re- ferred to is the bill of complaint by the State through Attorney-Generai
 The ffss olutfon of the Injunction and overruling of the biils of complaint Is the third action taken by Chancellor Gardner within five days. The orig fnal injunction was modified Saturday by an amendment permitting the re- opening of the saloon. and Monday. by an order to release the fixtures. The order of release was Issued upon the petition of the Griel Brothers Com pany and B. S. Griel. owners of the property, and both parties furnished bonds of twice the amount of the property's value. By the dissolution decree. the case is ended. SO far as the chancerys Court Is concerned.
 The text of Chancellor Gamers de- cree Is:
 srhis cause Is submitted in vacation for final decree on pleadings. and proof. n < Al a~<~ Hxru N n of counsel on file.
 .eThe bin is this case was filed for the abatement of an alleged liquor nuisance. and the question now present. ed for decision Is solely one of fact. as to whether or not the allegations of the bill are sufficiently sustained by the evidence. ,s
 T ann of the opinion that it would serve nos good purpose to enter into a discussion of the testimony in the case Suffice 1t to say that after a careful consideration of the evidence here adduced, am not reasonably sat- fsfied from the testimony that liquor nuisance Is being conducted by the re- spondent Abraham as alleged in the bill and that as consequence the bill should be dismissed.
 .sFurther reconsideration of the peti- ton offintervaning claimants of cer. tain property. seized Tn tnls cause i' rendered unnecessary by this conclu' sion.
 ssThis cause is submitted for hna decree in vacation upon the pleadings and proof as noted by the register pursuant to an agreement of counse on file.
 upon the consideration the court fl of opinion that the complainant Is moi entitled to relief prayed.
 ..It is, therefore, ordered. adjudgec and dccreed by the court that the con. plainant. is not entitled to relief. and that the btiisof complaint in this cause be and the same Is hereby dismissed out of this court.
 .It is further ordered that the writ of injunction heretofore issued in thii cause, and the writ of seizure hereto fore issued, ,sbe and the same are here' by severally and separately dissolved and the sheriff Is hereby ordered to re- store all the property seized by hin to the place from which the same wal by him removed.
 .Tt Is fuFther ordered that the com plainant, the State of Alabama. bt taxed with the cost of this suit and that said, costs shall be paid to tho register of fhis court by the Sate oi Alabama as in criminal cases in which the State fails, as provided by law"