Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-11-18
TRIAL
ASSURED
|N[Q)U0R.
CASES
Overthrow Of Prohibitionists by
Decision Throws Question
Back to Old Status.

The militant hosts of prohibition in
Georgia, recently aggressively at
work under the so-called nuisance
and injunction" laws, received a
staggering blow at the hands of the
State Supreme Court Tuesday when
that tribunal, in the case of Cassidy
VS.. Howard, from Bib. sweepingly
reversed Judge Matthews, and order
ed the Cassidy matters heard before.
him on the equity side Of his court
reheard before a jury.
The effect of this decision seems
to 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
Justing the methods of warfare pro-
posed to be employed by the various
Law Enforcement Leagues of the
State, and incidentally would appear
to reopen the entire question OF
locker 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 Bib County through
J. p. Howard, its representative, en-
Joined Dan Cassidy. near beer
dealer, from operating a saloon, under
the charge that it was a bind tiger
and, therefore, 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 ap-
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-
dy, thus to set up an issue for trial
by jury. but that it erred in not per-
hitting the question OF permanent in
junction to go to the jury, and that
it erred again in FORGETTING Cassidy's
license and disqualifying him, with
out a jury hearing.
This makes It imperative upon fu-
ture movements against blind tigers"
in Georgia, whether operated under
the guise of locker clubs, near-beer
saloons, or what not, to proceed,
after temporary injunction, to trial
by jury and not otherwise.
Prohibition leaders have contended
that so long as they could keep cases
OF this kind on the equity side of the
court, and away from juries, they
could enforce the prohibition laws.
They have claimed that frequent fail
ure to obtain jury convictions against
clubs, near-beer saloons. and blind
tigers" was the ever present STUN
bling block in their way TO enforce
ment OF the law.
The prohibitionists have enjoyed
much success OF late shutting up
things under this law. 80 long as II
was kept on tile equity side OF the
court. Rome has been shut up tight
under It, and Macon also has been
closed. Prohibition forces now are
working in savannah Atlanta. and
other cities, with the object of put
ting the lid" on these cities in like
manner.
To-days decision of the highest
court Of review in the State deals
body blow to these movements. how
ever. All cases coming up under this
injunction and nuisance" law here
after, must go to juries for adjust
ment finally.