Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-11-19
TRIALS
IN LIQUOR
CASES
yerthrow of Prohibitionists by
Decision Throws Question
Back to Old Status.

II The militant hosts of prohibition In
$eorgia, recently aggressively at
4 ori under the so-called nuisance
3nd Injunction" laws. received a
Staggering blow at the hands of the
State Supreme Court Tuesday when
That tribunal, in the case of Cassidy
Is. Howard, from Bibb. sweepingly
reversed Judge Matthews, and order
II the Cassidy matters heard before
BIN on the equity side of his court
beheard before a jury.
The effect of this decision seems
10 be TO put the problems of blind
|tiger" convictions right back where
|they have been for years. and to
Force their permanent disposition
Through jury trials alone.
This will have the effect of read
Busting the methods of warfare pro-
posed to be employed by the various
paw Enforcement Leagues of the
Gate, and incidentally would appear
ITO reopen the entire question of
|locker-C club and near-beer saloon
abatement in Georgia.
The case of Cassidy against How
ard came up from Macon on an ap-
peal from Judge Matthews in the
superior Court. The Law Enforce
.ment League Of Bibb County through
.. T. Howard, its representative, en-
Joined Dan Cassidy. near beer
dealer, from operating a saloon, under
the charge that 1t was bind tiger
and, therefore, a nuisance within the
meaning of the statute.
This Injunction was granted, both
temporarily and permanently. and In
ADDITION thereto, Cassidy's license was
forfeited, and he was permanently
disqualified from holding licenses in
the future. These orders were APP
pealed to the Supreme Court, with the
result to-day as stated.
Has Right of Jury.
The Supreme Court holds, in a
unanimous opinion, that the Superior
court Of Bib was right to grant the
temporary injunction against Cassi-
n.y. thus to set up an issue for trial
ny jury. but that it erred in not per-
uniting the question of permanent in
junction to go to the jury, and that
II erred again in FORGETTING Cassidy's
incense and disqualifying him, with
out jury hearing.
This makes it imperative upon fu-
lure movements against blind tigers"
IN Georgia, whether operated under
the guise of locker clubs, near beer
S1loons, or what not, to proceed.
aIleF temporary injunction to a trial
ny Jury and not otherwise.
Frohibition leaders have contended
i5 oS lIlcy COulu heSp SdSSS
VI this kind on the equity side of the
court and away from jurles, they
could enforce the prohibition laws.
l"ey nave claimed that frequent fail
ure 10 obtain Jury convictions against
g'uos, near beer saloons. and blind
''sers was the ever present STUN
Jung block in their way to enforce
ment Of the law.
Inc prohibitionists have enjoyed
"ueA success of late shutting up
Hlhes under this law, so long as it
was kept on the equity side OF the
court Rome has been shut up tight
under II, and Macon also has been
0I'sed. Prohibition forces now are
Working in Savannah, Atlanta. and
'."ef cities, with the object of put
ing the lid" on these cities in like
manner.
o-day's decision OF the highest
eO1rt Of review in the State deals a
''1y blow to these movements. how
v'er All cases coming up under this
Injunction and nuisance law here
a'''F must go to Juries for adjust
meni finally.