Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1910-01-20
Tine GRUnLuID CASE
IN SUPREME COURT
RELATING TO WALKER LOCAL
OPTION ELECTION.
The Application Based on Ground Of
Irresularity Of Proeeedins.

The most interesting, IL not the most
important matter before the supreme
court yesterday was the application of
William Grunlund for a writ of habeas
corpus Grunlund was a saloon keeper
i'm the Walker district. Yavapai county,
and ne was convicted before a justice
Of the peace of selling liquor in that
district after an order by the board
of supervisors. following local option
election, declaring it prohibition dis
trict
The application for the writ was
made direct to the supreme court in
stead of to the district court. None
of the members of the bench were
therefore disqualified and the case was
argued for the applicant by Reese Ling
before the full bench in the afternoon.
The first question was the propriety
of the submission of the application
for a writ to the supreme court in the
! first instance and it was in that ques-
ton that the court seemed to evince
| the greatest interest. 1t was the posi-
ton of Mr.. Ling that there had beer
| in the first place a want of jurisdic-
| ton TO inflict punishment.
| Mr.. Ling said he was not attacking
the local option statute but he was
contending that the board of super
visors had not proceeded regularly un-
| der it,
In the first place there had been M
adequate description OF the boundarif:
of the local option district: il was MOI
even set forth that it was in Yavapn
county and that the description wa.
otherwise so shadowy that one en-.
/ gagged in the liquor selling bushes.
/ anywhere in that community could no
know whether he was in the prohibi
1 ton district or not For this reason
he believed that the election preceden
to the order of the board was invalid
In the next place, he commended tina
the local option election law had no
been complied with in the matter o
registration Though the law itsel
does not specifically make registra
ton necessary. it requires that tn
election shall be held in conformit,
with the provisions of the genera
laws" That is, the voters must b.
qualified voters" A qualified voter.
under the general laws, must be reg
istered and the supervisors are re
quired to order registration for gen
eral and special elections.
In this case fifty votes were cast
OF these voters forty -one were regis
tered for the last preceding genera
election in 1908. The names of tn,
other nine We're put on the great reg
lister by the county recorder withou
any registration having been ordered
by the board. r
Though Mr. Ling asserted that NJ
attack was made upon the local op
ton act. II was his theory that tn,
act was 50 worded or that there wa
such neglect of wording, that al
election held under it could not be il
conformity with the general election
law
Mr.. Galbraith for the office of tn,
attorney general took the ground IL
relation to the order of the supervis
ors creating the prohibition district
that in the language of the statut,
the order thus made shall be flel,
to be prima facie evidence that all tn,
provisions of the law have been com
piled with in giving notice of and hold
! ing such election. and in counting ant
4 returning the votes and declaring tn,
results thereof"
/ The court having expressed doub
as to its power to inquire into the pro
ceedings relating to the election, Mr.
Gaibraith. believed that there wa.
nothing else TO be decided.
! In the matter of the application o.
! Frank Schmidt. who is held in Jail a
/ Tombstone for violating the anti
gambling law. for admission to bail
pending decision on his appeal. which
was heard the day before. the appli.
cation was granted and his bail wa.
fixed at $1,000. to be approved by tn,
chief justice. Arguments were heart
| in several civil cases.