Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-04-28

JUDOE bUl i
/. .s. DENIES P'ERINI |
RECORDS SHOW LIQUOR SOLD
WAS INEFFECTIVE IN MAKING
&|, .r CURES. :.3ss5 n $55f585 &s;s5$y
Judge Buttz rendered a decision FRI
day in the application Of Harry W.
eEson of Egeland, Towner county, for
druggists permit, and the applica
ton was denied. VS. IS. G'5. ..5 s.5gsf
The decision Of Judge Bnftz makes
very interesting reading and is pub
lished in full as follows: 53Gs s3$ h
IN THE DISTRICT COURT FOR
TOWNER COUNTY, NORTH DA-E
Il KOTA.-In the matter OF the applis
cation of Harry Iverson for a drug
gist's permit: b, ,4.ssE5s,,. sgsl
This application came on for hearing
before me at the adjourned March, 1911
term Of said court, at Candp, North Da I.
;kota. The applicant appeared in per
son and by his attorney; several citiE4
zens of Towner county and the states
attorney appearing in opposition there
to. All evidence offered on either side
was received by the court siss "A
The applicant has held such permit
the past year and the evidence shows
that his store is orderly, that he does
not permit drinking on the premises,
that he is in good standing In his pro
fession and personally conducts his
business. 1t is also shown that he
does not use intoxicating liquors as q
beverage and that he is a man of good;
moral character-all of which his per-
sonal appearance indicates and which
Is admitted by those who oppose the
application. y ~, 81.
From the evidence it further appears
that a considerable number OF appli-
cant's liquor customers have either
mistaken the remedy proper for their
/ ills or else that this applicant has fur
nished medicine to them that have not
been at all effective. Although it ap-
pears from the affidavit books returned
to the clerk Of the district court that
several Of the falling" have made as
many as IL to % purchases per month,
and with great regularity, yet In the
past month, from the books turned In
for March, we find several ef. these
still requiring the same mefieine for.
practically the same troubles. =one:
having required a half pint, of sAas ssfay-;
| orite prescriptio ion : no less than 10 diff
ferent days during that month, after
having followed the same. course Of
treatment almost as faithfully for sew
eral months preceding The appli
cant's personal testimony shows that
he is not familiar with the permit Law
and he admits that he has not; Ynadea
record Of his sales of liquors before the
same are delivered, as is required by
that law. He further admits that some,
of the more frequent purchasers did
not desire the liquor for the purposes:
indicated in their afidavits. :.s=:S, \;
Among other provisions of this law
\ is one making it illegal fog druggist.
to "sell, barter Or give away any in
toxicating liquors to . : any person : 'sss3 4
who is in the habit of becoming intoxi-
Gated" am of the opinion from the
evidence in this case that the appli.|
cant has, during the past year under;
his old permit, made sales OF intoxicat-
ing liquors to persons, in many instanc-
es, who come within the pnrvieW of
this provision. It further appears that;
more than one fourth OF the applicants
total sales during the past year were
liquor sales. @ s5.s-
! The law provides that the proofs
must be clear, specific, satisfactory
| and Of such a character as to leave In
the mind Of the judge no hesitation or
substantial doubt as to their truth
In these cases the court should follow
the evidence and the law as in other:
cases; and because OF the fact that no
appeal from the decision denying s,1en
application can be taken, the court is5
charged with great care in aTriy wing at
a decision. Whatever the court may
1 personally think Of the Wasslom of
permit law should in no way nfinence?
\ the result. The evidence In this case
1is Of conside BILE volume and a further;
review OF 1T can be Of no service
have carefully consid idered # in detail
and am convinced that on the whole
case the applicant IS not entitled to3
another permit.
The applicat ation is denied
BY the court: J,
CHARLES vi. BITTz,
J Idge
I Dated April 21st 81
FIRST STRAW.
M. Glickson the store
AZ has the recort ofs making the iirst bigs
sale oS the sense Monday he dis
posed OF d mans straw haft IA Il $yphilfss