Daily capital journal. (Salem, Oregon) 1903-1919, 1913-11-26
SALOON QUESTIONS
ARGUED BY ATTORNEYS
Validity of Recent Election and One
Scheduled for December 1 At
tackled Vigorously.
DECISION OF YESTERDAY
SAID TO HAVE BEARING
Attorneys for Drys strenuously Insist
Election of November A Valid and
Effective.

With Attorneys John A. Carson, John
II. McNary and Guy Smith representing
the Salem Brewery Association and
John Stellman in the injunction suits
recently brought against the city of
Salem and the county court respective
ly for the purpose of enjoining Judge
Bushey from declaring the November 4
election and restraining the city from
holding the next dry election De-
cember /, and Attorneys Ringo, Roberts
and Page acting as counsel for the de.
PENDANTS, the two cases were argued be
fore Judge Galloway in department No.
2 Of the circuit court last night, The
court chamber was packed to the doors
and even the halls were filled with peo-
pie who came to hear the proceedings.
After hearing the arguments and be-
ing presented with copy Of the opin-
ion Of the supreme court which declares
the Gill registration law unconstitution.
al, Judge Galloway took the cases un.
der advisement and will render his de-
cision Friday morning
Ringo Talks First.
County Attorney Ringo opened the
case of Stelman vs.. the county court.
He contended that there was no existing
reason to believe that the county Judge
would violate the law by declaring an
election that was held contrary to the
law and that the plaintiff could rest at
ease insofar as his personal or business
rights were concerned. Attorney Ringo
declared, in referring to that portion of
the complaint alleged by the plaintiff
that his ice business would be injured
by reason OF the election held on No
yemher 4 closing the saloons and the
Salem brewery, that the plaintiff failed
TO include in his application for an or.
der of injunction any fact or facts tend.
ing to show that in the event the sa.
looms were permitted TO operate in Sa.
LEM that he would, by contract or other.
wise, furnish the places with ice or that
II the election was declared that he
would be injured to any extent by any
change Of affairs whatever
On the grounds that the complaint
failed to state facts sufficient to con.
stitute n cause for action, and that the
law provides that direct injury TO the
person applying for an order of iniunc'
tion must be shown in such cases, Attor.
ney Ringo asked that the complaint be
dismissed
Wants Civil Rights.
''The plaintiff in the case of stell.
man against the county is asking for
his civil rights, not as the law should
be written, but as Il is written said
Attorney Capon, in opening the de-
fcndant's casa He said that, under
the local option law, an election OF the
character being argued must be held
on the first Tuesday after the first
Monday in November Attorney Car
son said that the rule was the rist mile
post in the local option law, and he re-.
ferrod to two different supreme court
opinions which were handed down by
Oregon's highest tribunal
In these opinions, said Attorney Car
son, Il was held that in the event any
municipality desires TO hold local cp.
tion election upon any date, not spcci.
fled by statute, Il must first amend ia
charter TO conform Herewith. He
pointed out that the opinions were very
clear on that point and any mnniCipali.
~ holding an election contrary TO the
rulo has no plausible excuse for so DO.
ing.
! In the caso Of the salem Brewery As,