Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-01-06
ANTI-SALOON PEOPLE THINK OF
INJUNCTION PROCEEDINGS
SOME OPINIONS EXPRESSED
Status of Home Rule Amendment to
Be Decided by Courts as
Quickly as Possible

The election held last Saturday,
which resulted in authorizing the Ii
censing of saloons, has caused much
discussion about town, for it is re-
ported that the Anti-saloon people
were contemplating injunction pro-
ceedings to restrain the council from
issuing any licenses, and that this
affair was to be made test case for
the whole state.
Accordingly, representative of
The Courier called on the Hon II. d.
Norton and asked him if it was a
fact that the Anti-saloon league of
the state was going to take this ac-
tion. Mr.. Norton gave out the fol-
lowing:
IF any legal proceedings are TAX
en- in regard to the home rule amend
ment, the object will be to obtain a
judicial construction of the amend
ment. t@
N There is great variance of opin-
ion as to the proper construction to
Y be given to this amendment, some
81 @contending it is void and has no
operation whatever, and others con-
y tend that 1t does operate to a great
Il err or less extent to modify the local
option law as applied to municipal
N corporations. Any proceeding,
whether by injunction to restrain the
cvuncil from issuing licenses, or in
Sreviewipg their proceedings by writ
of certiorari, or by direct criminal
prosecution Of persons attempting to
operate under license. would have
(, Tor its aim and object a judicial de-
termination Of the legal effect Of the
amendment, but which of these rem
edies might be pursued. or would be
most advisable at this time, am un-
able to state.
'T presume that the Anti-saloon
league will be the organization which
will determine these matters, and the
Portland attorneys Of the league will
doubtless consider and determine
which line OF procedure will be best
IN order to get the earliest and most
comprehensive judicial opinion on
the subject.
"A conclusive determination OF any
" these matters could not be had
hort of the supreme court. The
opestion being one Of public interest
the case would. In all probability. be
pdvaneed on the docket. and Il rs
tkely that a final determination
puld be had inside Of a year: In the
1nean time. an Injunction or writ OF
view could restrain the issuance
a. licenses.
I'm regard to the bond to be given
- an Injunction proceedins. the
anount Of such bond is discretionary
H@th the court. and would b. condi-
tloncd for the payment OF costs and
endorsements, and such damages not
e1ceeding an amount In the bond spe-
Gifted II the issuance OF the injunc-
tion should be held TO be wrongful
or without sufficient cause.
"while have advised with the
Anti-saloon league regarding these
Matters. I am unable TO say at this
time what line Of procedure will be
Y atopted. as my duties in the coming
stssion OF the legislature will call me
% Salem the latter part Of the week,
bnt shalt cooperate with this or
ganization In any way I can be Of
service 10 Il In getting the question
pspperly before tho courts II proceed
Inns TO that end are deemed advis-
able"
The Rev. Robert Mclean, OF the
Ministerial association. when told OF
W. interview. approved OF the opin-
Ion expressed by the senator and In
n1dition had this to say:
"There are two grounds on which
VI my opinion. the special election OF
1sturday. December 81. can be de-
e(syed illegal or unconstitutional:
1st.. Only those residing within the
cDrpsrats limits OF the city. OF. Grsnts