Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1913-05-27
CITY ESTOPPED FROM ISSUING
LICENSE TO JAMES v. CHIT
TY IN ACCORDANCE WITH
VOTE OF COUNCIL.
SAYS ORDINANCE VIOLATED
VIM. J. Coy, Complainant, Declares
City Has Not More Than $500
People; Judge Galloway Grants
Injunction at Salem; Present Liq-
uor Interests Accused.

Probability of third thirst parlor
in Dallas was placed in the problem
atical class on Monday when City
Auditor Gregory was served with an
injunction, signed by William j.
Coy and issued by Judge William
Galloway at Salem on Saturday, re-
straining him Gregory from issu-
ing a license to James V. Chitty, as
granted by the council at a recent
session under the provisions of new
ordinance carrying an emergency
clause which also passed the council.
BY the terms of his complaint up
on which the injunction was issued,
William J. Coy declares that the city
council is attempting to violate the
provisions of ordinance No. l49,
passed November q, 1910, which
provides that but one license shall
be issued for each 1000 inhabitants
or major fraction thereof within the
corporate limits of the city. Coy
sets up the allegation that there are
now but 2300 people within the cor
pOrate limits and cites the fact that
but 2124 were here in 1910, accord
ing to the government census, as
proof of his assertion. Members of
the city council who voted for the is
suance of the license to Chitty de-
clare their belief that there are more
than $500 people here.
Mr.. Coy, who is a resident of this
city, and a well-known prohibition
list, gives a bond in the sum Of 800
with j. p. Rogers as additional
surety to hold the city against dam
age in the event that the final hear
ing on the INDUCTION shall be decided
agaist him.
Brings Strong Contention.
Since the filing of the injunction
and even before, the probability that
a third saloon might soon be in OPP
GRAFTON here caused the widest com
ment, some declaring that the city
council had deliberately violated the
provisions of ordinance 149 while
others asserted, with equal vehe-
mence, that the council was entirely
within their rights.
The first draft of the present sa-
loon ordinance was published in the
county papers for the information of
the voters on October IL, 1910. The
county was dry at that time, but the
council explained to the voters that
this ordinance had been prepared in
advance of the election to let the
people know how the liquor business
would be controlled and regulated III
the event that the county went wet
at the November election. The sec
ton limiting the number of saloons
in the city was worded as follows:
"In issuing such license, or or
dering them to be issued, the said
city council shall permit but one
license to be issued for every 1000
inhabitants or fraction thereof, re-
siding within the corporate limits
Of Dallas" "
The election was held on the Sth
day of November following, and the
county was voted wet Thirteen days
later-or on November 2l-the city
council passed the liquor ordinance
as originally drafted, with the eXcep-
ton that the foregoing section was
to read cone license for
every 1000 inhabitants, or major
fraction thereof. 4"
Liquor Interests Blamed.
Chitty and friends of the third sa-
loon idea declare that the proprie-
tors of the two saloons already IN
business here are the real movers be
hind the Injunction proceedings, and
that they are using the prohibition
forces as catspaws to keep out com
petition. This is denied by the pres
ant saloon interests while those OPP
posed to the liquor business state
that they are against the move be-
cause the honor of the city was
pledged TO the dry element prior to
.he November 1910 election and that,
because Of that pledge, the county
decided to license saloons.
Ii is not known when the ease will
be heard further in Judge Galloway
court. The Judge, it is understood,
will be here some time before the
new Judicial district law goes into
Effect early in June, but whether he
Eill take up the question at that time
IS not known.
Chitty has already purchased his
BAR fixtures and stock and a large
sum has been expended on the build
ng and improvements all Of which
ri auait the ndinliratinr Of the