East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-11-30
Supreme Court Holds Umatil-
la County Dealers Violated
Local Option Law.
TWENTY-NINE DISPENSERS
GUILTY BY ONE DECISION
Famous Test Case OF State Versus
Thomas Murrell Decided by Su-
preme Court-Ten Men May Face
Jail Sentences-Cases Grow Out OF
Analysis of Near Beer.

Twenty nine dispensers of near beer
in Pendleton and other Umatilla coun-
ty towns have been found guilty OF
selling Intoxicating liquors in VIOLA
ton of the local option law according
to a decision handed down yesterday
by the supreme court in he case or
the State of Oregon versus Thomas
Murrell. The case against Murrell
was taken for the test case and the
other 2S defendants risked their
chances on the outcome Of the one
case.
Ten of these 81 men were up un-
der two separate offenses, having
been indicted in April and again in
September. Under the circumstances
however, the court may not enterpret
the decision to mean that these ten
men have been found guilty OF Sec
opd offense and must therefore be
sentenced to Jail. According to Dist
rict Attorney Phelps the court may
enterpret it either way so there Is
possibility that these ten men have
a Jail sentence coming as well as a
fine.
Ten Are Unfortunate.
N-N'
Anderson, II. f. Peters. Paul Hemmel-
garn. Harvey Taylor, William Hoch
and Antoine Nolte, all of this city;
George Brisbois and Pete Murray OF
Athena; James Huggins and William
Harden.
The other men who are decided to
be guilty by yesterdays decision are
A. Schneiter, Fred A. Gordon, William
Bogart, Antoine Kraft, John Estes,
Henry Latourelle, Mel Norman, NJ.
II. Gillette, Lou Bradburn. John
Bradburn, A. G.. Longnecker, Pete
Tillson, V. o. Kelley, Al Zigman, Har-
vey Taylor, James Doty, Frank Cline,
Herman Peters, ]. n. Klein, and
Thomas Murrell.
These are the famous near beer
cases and the indictment of these men
followed the bringing to this city of a
chemist from the Oregon Agricultur-
al college by District Attorney Phelps.
Samples of the liquor being sold as
near beer" had been obtained from
every saloon in the county and the
tests made by the chemist disclosed
the fact that the samples were all in
toxicating.
All Near Beer Men i'm County.
Every near beer dispenser in the
county was accordingly indicted by
the grand jury. A few of them plead
ed guilty and were fined $50 and
costs each. The others decided to rest
their fate upon a test case, Col. j. H,
Raley having discovered what he
thought was a fatal defect in the To-
cal option law as 1t applied to this
county.
The facts were therefore stipulated
in the case, II being admitted that the
stuff being sold as near beer" con-
tanned more than the allowed percent
age of alcohol. The attorneys for the
saloon men, however, contended that
the local option law was defective for
the reason that the county clerk had
not made a valid order placing the
law in force in this county. The de-
PENDANTS waived a jury trial and
Judge Bean held the order was valid,
that Murrel was therefore guilty and
fined them 500 and costs. The case
was appealed to the supreme court,
was argued on the first day Of the re-
cent term of the supreme court in this
city and the decision was rendered
yesterday, the opinion being written
by Justice Eakin. This decision af-
firms the decision of the local court.
The defendants will now be COM
PEELED to appear before Judge Bean
and receive sentence. What that
sentence will be is only a matter for
conjecture.
Other Decisions.
other cases decided yesterday were:
A petition for a rendering in Ready
VS.. United Railways was denied and
the case of DAILY VS.. F. w. Benson,
contesting the payment of salary to