Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1913-06-03
COURT HEARS ARGUMENTS IN
SALOON PROBLEM BUT
TAKES MATTER UNDER
ADJUSTMENT.
SOLUTION "UP IN THE AIR"
Attorneys Believe Galloway No
Longer Has Jurisdiction; Court
Holds Busy Session and Hears
Many Gases Before New District
Law Becomes Effective.

Following arguments heard by
Judge Galloway on Monday in the in
junction proceedings brought by Wal
ter j. Coy, of Dallas, against the
City of Dallas to prevent the issu-
ance of saloon license to James V.
Chitty, the Court took the matter un-
der advisement and asked that writ
ten briefs be submitted by counsel.
Stripped of the legal verbiage which
the average man doesn't understand,
the plaintiffs attorneys amended the
complaint under which the tempor-
ary injunction was procured, and
made the State of Oregon plaintiff,
and declared that the issuance of a
third saloon license in this city
would be a nuisance and therefore
should not be permitted. Attorneys
Oscar Hayter and Walter L. ToOze,
Jr., of this city and John R. Car
son of Salem, appeared for the plain
tiff and City Attorney Ed F. Coad
and Glen O. Holman for the city. A
night session of the court was held
last night to permit of arguments be-
ing made, but no decision was reach
ed.
Lawyers at Sea.
Attorneys are much at sea as to
the probable result Of this postpone
ment of decision on the part of the
Court. The new law creating the
Twelfth judicial district went into
effect at midnight last night, and
Judge Galloway no longer has Juris-
diction in Polk county. 1t is there
fore doubtful, they say, whether
decision rendered by a judge in a
ease in another county outside OF his
district, will be lawful.
Judge Galloway held a term Of de-
partment No. 2 in this city Saturday
afternoon and yesterday at which he
made an effort to clean up his cal
endar preparatory to turning over
matters to his successor, Judge
Holmes, of Tillamook. While many
cases were settled the docket is still
we'll filed with actions which the
new judge will have to unravel.
Saturdays Proceedings.
The following cases were heard,
motions made and proceedings taken
at Saturdays session:
B. Grammar VS.. Samuel Whitmore,
dismissed for want of prosecution.
d. Bentley ct al VS.. A. c. Sarff ct
al, action to cancel contract; decree
for defendant; plaintiff given 80
days to file bill of exceptions.
Mary E. Baker and Sarah A. Stout
VS.. John C. Uglow. Stipulated that
demurrers be overruled and 1t Is so
ordered; defendant given until July
l to answer.
Lena Garden VS.. Everett o. Car
den, divorce; default entered, testl-
mony taken and decree as prayed
for.
E. L. Ketchum VS.. Wlllamlna
Cooley, ct al, action to quiet title;
Asa B. Robinson Jr., appointed guar
dian ad Item for Ivan Smith, mi
nor.
Divorce is Granted.
Lille NJ. Hill VS.. William ID. Hill,
divorce: default entered, decree as
prayed for
Carrie A. Snyder VS.. Samuel 4.
Snyder. divorce; default entered.
Frank L. Brown VS.. Elda Jones,
partition; testimony as to value OF
land taken and decree as prayed lot
p. r. Friesen ct al VS.. Charles L.
Cox ct al, action to quiet title; de-
fault entered, decree as prayed for.
Hiram Wood VS.. John Davis ct al
action to quiet title; default entered
decree as prayed for.
William Ellis VS.. City Of Fails
City. injunction; demurrer with
drawn on motion of defendant, ana
answer today. -.
Minta White vs.. Henry White d.
voree; default entered, testimony
taken and decree as prayed for -
W. H. MeCurdy vs.. c. W Nc
Curdy: motion to strike portions OF
complaint argued and taken under
advisement.
Frank Bond vs.. Laura Bond d.
vorce: default entered, testimony
taken and decree as prayed for.
Moose Lodge Organized