American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1914-07-23

maj Victory III ucciolOh uduuSu
down by the state supreme court on
Saturday. Judge Bulge, who closed
the saloon by an injunction, is re-
yersed and the case is remanded with
directions to the trial court that it
enter a judgment authorizing and
permitting West to conduct a saloon
and to sell intoxicating liquors in the
manner allowed by his license and in
accordance with law.
This seems to be the final chapter
in one Of the most interesting saloon
cases ever fought in the courts of the
state. 1t is held in this final decision
that a village may bring suit to close
saloon in or near it on the ground
"a that il is a public nuisance 1t is held
that when a new county is made up
4of parts OF wet" and dry" counties
&all the new county is to be considered
Fwet" until the voters rule otherwise
al an election held for the purpose.
1t is still further held that saloon
.js not a nuisance, since it is author
lzed by law, and that it cannot be-
GONE nuisance so long as it is con-
ducted in accordance with law.
N Wins Second Round.
This is the second time this matter
beaten in that case. The court held
that Judge Bulge held jurisdiction in
the matter. Then Cavaney appealed
{rom the judgment of the trial court
And the decision handed down on
Saturday is the result of this appeal.
~ is a victory for West, who is now
authorized to reopen the saloon
closed some months ago by the in
junction issued by Judge Bulge.
Judge Davis, sitting for Justice
Stewart, wrote the majority opinion
for the supreme court. His reasoning
b. the case is clearly set forth in the
following syllabus to his opinion:
Village Proper Party.
"A village is a proper party plaintiff
% bring an action in the district court
ID obtain the abatement of a public
Nuisance causing special injury to the
lights, morals or interests of such vii
hge, even though such nuisance be
oOtside the village boundaries.
''where a new county is created
HON territory which was formerly
cpmprised in dry counties and also
@rritory that was formerly part OF d
>% ct county, and the Legislature
1akes no provision as to whether the
Mw county shall be a wet" or dry
Wnnty until a local option election is
20 in such county: Held. that tbs
Xhole of the new county so created
1ecomes a wet" county and subjec
q the license system until such time
the voters of the county shall vot'
@f county dry" under the provisions
- the local option statute.
Saloon Has Rights.
A saloon regularly licenses to sci
-. ntoIicating liquor within wet terri
Wy is thus expressly authorized b,
to sell such liquor. And evel
pugh the results of such business b
lsstrous aud deplorable. and are tn
ect cause Of what would amount L
Yuoiic nuisance had such license no
~ granted. the running of such sa
IN the usual and regular man
authorized by law under such II
ne cannot legally be abated as
sance, oecaue section 1853. Revise
es' provides that nothing which
OF maintained under the expires
nority OF a statute can be deeme
uikance'
May Prevent Excess.
~ the owner OF a saloon take
Unfair advantage OF his opportuni
r. handle liquor. and goes beyon
nshts, granted under his licens'
things that amount to a publ
Ance' such things should be abai
! even though they are done in cor
|. ion with licensed saloon or ar
'nect thereof The proper conduC
. lawful business cannot be Ell
o' out its abuses and excesse
q, oe prevented"
= justice Sullivan Dissents.
ID suce Sullivan dissents in part an
ufs IN part in the decision {
oudge. He holds that a villas
proper party plaintiff TO a su
81 - KIND Under the law, he hold
!; 'l'ase is not authorized to mali
An action to abate a public nu
sueh as alleged in the con
y since the nuisance. il one e,