Pine Bluff daily graphic., 1914-04-07
Judge Grace's Decision
 in Liquor Controversy

l tioF0i@J, olouSHt D1IOfe him by the
 Prohibitionists in the case entitled V.
 0. Alexander ct all, petitioners, ys.
 C. M. Philpot ct al, Judge A. B. l Grace prepared a written opinion l reading as follows:
 In January of the present year. H
 B. F'einberg tnd divers other Der-
 sons filed in the county court of
 Jefferson county their several appli-
 cations for licenses to sell liouor in | the City of Pine Bluff. Some days
 later, said applicants filed in said l court petition of citizens craving that such licenses be granted. The l petitioners herein appeared and con- tested the petition for license and the matter was heard al great length upon the evidence, and finally suD- | mltted to the county court. There after, and before any decision had been rendered by the court. the a1- torney for the petitioners asked and obtained leave to enter a non-suit
 and the case was dismissed Withou4 preJudlce, the remOnstrants (Who arc petltloherS hereln) consenting there to Ill open court. Afterwards. on the tth day of February, the petitioners for license asked and obtained teavo or the county court to withdraw thei7, orlSlhal petition from the files and it was delivered to their attorney. On tHe same day (not on the 18th of
 fepruafy, as stated in the petition hertln) the remOnstrants filed in the | o1flce of the county clerk an affidavit | TOT appeal to the circuit court hut | II does not appear from the record | that any action was taken thereon
 in the county court; On the 10th of | february, V. o. Alexander and tbrao
 oahers, who were remonttrants. in 1 'he county court filed in this court | tnelr petition praying writ of man
 oamus to compel the county court -o
 hiahe an order granting an appeal to
 'hls court and directing the clerk 7o
 restore the original petition to the
 liles and transmit the same to his
 court on the appeal with all other
 papers in the case.
 l oh the 10th of March an amend-
 ed pefltlon was filed herein. settioa | iorth substantially the same state of
 ieets With an alternative prayer th f | he county court be "compelled o
 near and determine the matter of
 majority or no majority on said old
 petl'loh' ana that said order be
 aifected @ nunce pro tunce as of
 February 13, 1914"
 l In the amended petition herein if 1 IS alleged that the original petition
 TOT license, with a number of new
 names added, has been re-filed in tha
 county court as basis for renewed l applications for liquor license. It is
 agreed by counsel here that this is true, and the endorsement of inc
 county clerk shows that it was re- l filed on February 2S-eight days
 after this action was begun-and not
 on the 18th of February, as stated in | plaia ifs petition.
 | It is wholly unnecessary and
 rather unusual for a circuit court to | put it's opinions in writing, but az
 the late lameAted Col. w. P. Grace
 used to say: Writing always reads
 the same way, and in a case of this l importance, where considerable par tisan feeling has been aroused and | the danger of misunderstanding or misrepresentation, or both, is very | great, I have thought it best to put
 my views in such form as will place
 them beyond controversy
 A non-suit is the result of an
 abrulA termination of an action at l law or in equity. As defined by | Bouvier. Tt is the name of judg
 ment given against the plaintiff when
 he is unable to prove his case, or when he refuses or negledts to pro ceed to the trial of the cause after
 it has been put at issue, without de- termining such issue"
 | Bouvier's Law Dictionary D. 235.
 Anderson's Law Dictionary D. 712.
 The right of lthe plaintiff to with draw his action and become non-suit has existed as a part of the common law for centuries. Until limited by l statute in the year A. D. 1400, this l rigftt was absolute, even after yer l dct. Since that date, in England, the l privilege of entering nOn-sult after l a verdict was rendered, has been isubject to the discretion of the court In America tthe rule is practically
 universal that in the absence of
 statutory regulation to the contrary
 the plaintiff may take a non-suit, as
 a maltter of right at any time before
 the cause is submitted to the court
 or jury trying the same.
 Am. &Eng. Ency. of Law, pp. 721 FPS.
 In this state it has been provided
 by statute that:
 An action may be dismissed with out prejudice to future action: l First-By the plaintiff before the l final submission of the case 'to the | jury or to the court where the trial is by the court"
 | In als other cases upon the trial
 of the action the decision musIt be upon the merits."
 | Kirbys Digest Section 6167. In construing this statute, the su- preme court of this state, approving
 and adopting the language of the supreme court of Kansas in Ashmead Ashmead, g Kansas, 262, where an
 exactly similar statute is in force, said:
 "The question is: Can a court, Cittipu i1,rv i,, n oo,,co f;,,oll,