Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-26
Bachelors Club '. City Of WOOdburn
Marion County.

~@NSut OcCtllUST II l9ll
Bachelors Club, corporation, re-
spondent, V. City of woodburn, a
municipal corporation, and W. L. Jer.
man. mayor of said city; ]. ]. Stan
GEL recorder Of said city; and Ed.
butterheld, marshal of said city. Ap-
pellants. Appeal from the circuit
court for Marion county. The Hon.
VIM. Galloway, Judge. Argued and
submitted Dec. 5, 1911. Thomas
Brown carson & Brown on brief)
for respondent. H. overton and Geo
G, Bingham, for appellants. Mcbride
]. Modified.
Plaintiff claims to be a social club
incorporated for the mutual benefit
and social enjoyment of its members
and bring this suit to enjoin the City
OF Woodburn from enforcing certain
city ordinances, respecting the traf-
tic in intoxicating liquors, on the al
legged ground that they are void and
not authorized by the charter. The
provisions of the charter germane to
the issues here presented are as fol-
lows.
Sec. 3. At the first regular elec
tion under the charter the legal yot-
ers Of the city of Woodburn may vote
upon the question of licensing the
sale of intoxicating liquors but the
same shall not be voted upon unless
petitioned therefor by at least so res
ident freeholders Of said city. AT
such election the ballot used shall be
printed in the following form:
City of Woodburn-Election to au-
thorize licensing of saloons.
"For. ..,..,. Against. ......
The voter at such election shall ex-
press his will by putting a mark or
cross in the appropriate space ou
said ballot; provided, however, that
after the question Of issuing such Vi.
cense shall have been once deter
mined by the legal voters of said city
1t shall not be submitted again uE-
less petitioned for by at least so res
ident freeholders of the said city of
Woodburn; provided, further, that ii
petition as above provided be pre-
sented to the common council of sail
city signed by at least so resident
freeholders asking that the question
of issuing such license be again sub
mltted to the legal voters of the city
of Woodburn, the common council
shall submit the question to the Legal
voters at the next geeral municipal
election following the presentation Of
the petition for that purpose, and II
at any of said elections a majority oi
the legal voters, as defined by this
act, be in favor of such license to is.
sue it shall be the duty of the COM
mon council forthwith to issue such
license to ay applicant therefor
provided, however, that such appli+
cant shall pay the amount required
for such license and present to the
common council good and sufficient
bond in the sum of $1,000 with two o.
more sufficient snreties to be ap-
proved by the corncil, conditioned
that such applicant will keep an or
derly house and that he will comply
with all such applicant will keep an
orderly house and that he will COM
ply with all the requirements Of this
act and of the ordinances of the city
of Woodburn and the laws Of the
state OF Oregon.
Section of Chapter x reads as
Sec. 4. Any person who shall vio-
late any of the provisions of this acl
or the ordinances hereunder, for the
violation OF which 10 punishment has
ben provided herein. shall be guilty
OF a misdemeanor and upon convic-
tion thereof shall be punished by fine
not to exceed 500 or he may in de-
fault of the payment of such fine be
imprisoned in the city Jail one day
for every $500 Of such fine"
By Sec. 5, Chap. 4 of the charter OF
woodburn (Laws 1899, 5S9) the coun-
ell is given power to pass such ordi-
nances as II shall deem expedient for
the suppression of vice and intemper-
ance, and to license and regulate the
vending or disposing Of intoxicating
liquors. On Feb. Z, 1911, the city
council adopted the following ordi-
nance, which is Ordinance No. 2S7. "
Section /. That It shall be unlaw-
full for any person, firm, company,
corporation, club or society, or any
agent or employee Of any person
firm, company, corporation club or
society or any member Of any firm,
corporation or society, directly or in
directly to keep, SELL give or furnish
any spirituous, vinous. malt, liquors,