Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-11-07
|NJUNCT|ONS
DISSOLVED BY
JUDGE AM|D0N
Decision Handed Down in Case
Against. Rail Railroads Started by
Attorney General
WILL LIKELY
BE APPEALED LATER
Injunction Against Individuals
Held to Be Within
the Law

Holding that the remedy asked was
not provided by common law, nut had
J to be obtained under the criminal
! statutes OF the state, Judge Charles
! +, Amidon Of the Gnited States dis
trict court for the District OF North
Dakota. yesterday handed down a de-,
cision dissolving the temporary IN
junction against the railroads OF the
state against accepting shipments Of
intoxicating liquors for delivery in
! North Dakota. The court holds that
the order asked for was too broad to
be granted under the criminal stat
utes OF the state, as the petition fail
ed to state what particular person
or place the injunction vas aimed
against, which is specially required
under the state law. .
Pollock Issues Injunction.
Or April II last, upon petition by
Attorney General Henry j. Linde OF
North Dakota, Judge Charles A. Pol.
lock Of the district court, i'll Fargo,
issued "a temporary Injunction, re-
straining the Northern Pacific Rail
way company from accepting snip
ments, of intoxicating liquors for de-
livery in North Dakota except to pri.
vate individuals for private consump:
ton. The hearing was. set for MAY 3.
Later, upon the fling of a bond ny
Attorneys Watson & Young for the
railroad, the ease was transferred to
1.-The federal court.
Other Roads Join. 4
IA continuance was AGAIN taken ur.
Itil August 80. Onftilat date, conced-
ling all the matters contained in the
complaint and agreeing to abide 10y
the decision of the court, in the one
case, the Great Northern, milwaukee
and 500 roads Joined in the action.
With the attorney general appeared
his assistants, Francis j. Murphy anG
H. n. Biting, and for the railroads.
Tin addition: to Watson & Young. AttOr-
neys john d. Erdell. William G. Por.
ter and r.. l.. Grantham. Judge Ami
don's decision follows in full:
Amidon's Decision.
This is an attempt to carry the
government by, injunction into a new
field. The attorney general filed his
bill in equity against the Chicago
| Milwaukee e St. Paul Railway com
pany, charging that it had been a
customed to deliver Intoxicating H.
quors in large quantities TO several
persons named, and to others I'M
known, knowing, or having good cause
to believe that they intended to keep
or dispose of the liquors in violation
of the state prohibitory laws. These
wrongful acts are charged to have
occurred, not in connection with any
specific building maintained by the
persons to whom the liquors We're de-
livered, but are simply charged to
have occurred at the several villages
and cities along defendants line. The
bill asks that this practice be adjudg-
| ed to be. a common nuisance; and en-.
Joined. A preliminary injunction was
| issued by the state court, in which
| the suit was originally brought, Sub"
| st%antially in accordance with tle pray
| or of the bill. A large volume O.
evidence has been taken, which, in my
Judgment, amply supports the charge
as to the delivery Of the liquor, and
clearly shows a long curse of Grim
inal conduct on the part OF defend
ants agents at the stations named.
All the acts complained of are crimes
under the laws of North Dakota, anc
would subject the agents to criminal
prosecution. The attorney general
seeks to sustain his resort to court
Of equity upon the ground, OF the diff
ficllty Of maintaining such prOsecu-
tons and the large number OF cri'ni.
nal actions that would be. necessary tc
prevent the evils whicl are clearly
shown to exist. The defendant moves
to dismiss the bill upon the ground
that it fails to state facts which JUST
fy a resort to equity. think the mo-
ton must he sustained.
MUST Be BY Statute.
The only power to deal with the
liquor traffic By means OF injunction
must be found in the state statute
No such jurisdiction existed at COM
mon law. This court must, there
fore, look to the state statute as it has
been interpreted by the supreme court
of the state, for that Interpretation Is
binding upon the federal courts. Sec
ton 1N,117 of the NORTH Dakota revls'
ed codes, provides:
"All places where intoxicating H.
quors are sold, bartered or given
away, in violation OF any OF the
provisions of this chapter. o.
where persons are permitted to re-
sort for the purpose Of drinking. in
%toxicating liquors, as a beverage. OF
where intoxicating liquors are kept
for sale, barter or delivery, in viola.
ton of this chapter, are hereby de-
clared to be comron nuisances."
The statute further n~ovians t""'
in Ease any place is found to be such
mnntin,1ed on mage A