The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1909-01-28
HARD BLOW FOR
FROSTY DEALERS
CONTINUED from Page ~

is local option territory, the quail
flied voters of said county having
heretofore determined at an election
held in accordance with the laws or
the state of Texas, that the sale OF
Intoxicating liquors should be pro
hibited in said county, and the COM
missioners' court of Ellis county,
Texas, having passed an order TO
that effect, which order was duly
published in accordance with law,
which prohibition law is still IN
force and effect in said Ellis county,
Texas. and was in force and effect at
the time of the acts hereinafter
complained Of
Third That said defendant here
in. in said county of Ellis since the
local option law became in force IN
said county, as aforesaid, ana Whlle
such law was, and is, in force IN SAID
county, has engaged in selling, III
said county, and at certain pace
of business therein situated, toWlt;
A certain house on Main street IN
the city of Italy, between h. II. Muir
phys furniture store and stone Dry
Goods company's store, splrltuous'
vinous and malt liquors, without
paying the tax, and without giving
the bond, and without hrst having
obtained a license under the laws OF
this state to retail such liquors, re-
auired by law, of and from persons
who wish to engage in the SAFE OF
spirituous. viuous and malt liquors,
in the territory in which local OPP
ton laws, as aforesaid, are in force
Fourth, That heretofore, towit, on
the 23rd day of January, 1903, in
the city Of Italy, within said Ellis
county. Texas, and for several weeks
prior therto, the defendant was ana
is now at the time of the filing OF
this suit the owner and proprietor
of a place of business, toWit
A business situated on Main street
in the town of Italy, between Il. H.
Murphys furniture store and stone
Dry Goods companys store, Eilis
county, Texas, and known as --
- where intoxicating liquors,
such as Hiawatha, Frosty, lno, uno,
Teetotal and other intoxicating IL
uuors of Ike kind and character,
and different kind and character, are
stored, kept, drunk and sold, ana Is
therefore and thereby the creator,
promoter and proprietor of a PUBLIC
nuisance.
Wherefore plaintiff prays that said
defendant be cited to appear ana
answer this petition. and that TINS
court now grant its writ OF lnJunc-
ton restraining the defendant, MS
agents and employees from longer
maintaining and manipulating SAID
business and that his said place of
business be now ordered closed, ana
that on final hearing this writ be
made permanent, and for such other
and further general relief, both IN
law and in equity, to which TINS
plaintiff may be justly entitled.
= C. A. PIPPEN.
Attorney for Plaintiff.
The clerk of the district court of
Ellis county. Texas, is hereby order
ed to file this petition and TO issue a
writ of Injunction prohibiting and
restraining the defendant therein
named, his agents and employ ees
from using, aiding, or assisting In
using the place, room, premises or
building named and referred 10 IN
said petition, and all parts OF sala
building or premises for the purpose
of selling intoxicating liquors, such
as Frosty, Hiawatha. mo, uno, Zee
total and any and all kinds OF intox-
icating liquors OF any kind and char,
acter, and all spirituous, vlnous ana
malt liquors in violation of the law
as prayed for in said petition, and
from using said places, room, prem
ises, building or any and all parts
thereof to keep, store or deposit m
toxicating liquors OF any ana an
Wind for the purpose of being sold
In violation of the law and from aid
ing or assisting in keeping, storing.
or depositing Intoxicating liquors OF
any Kfnd in opnupon said premises
Tor the purpose OF being sold In vio-
lation of law.
Done at Kaufman, this the 26th
day Of January. 1903. IL.
F. l.. HAWKINS,
Judge Fortieth Judicial Distact.