Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-11-18
TRIALS
IN LIQUOR
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 Bibb. sweepingly
reversed Judge Matthews, and order
ed the Cassidy matters heard before
him on the equity side of his eourt
reheard before 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
1usting 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 entise 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 Bibb County through
j. p. Howard. its representative, en-
Joined Dan Cassidy. q near-beer
dealer, from operating a saloon, unde,
the charge that II was a bind tiger"
and, therefore, a nuisance within the
meaning OF tho 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
ppshAiois tiidL INC 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 1t erred In not per-
hitting the question of permanent In
junction to go TO the jury, and that
1t erred again in FORGETTING Cassidy's
license and disqusiifyins him. with
out 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
saloo s, or what not, to proceed,
after temporary Injunction, to a 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 fall
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. 30 long as 1t
was kept on the 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 a
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. 81.