The theocrat. [volume] (Zion City [i.e. Zion], Ill.) 1914-1949, 1915-09-04
AS The Press Sees The Victory

land there did so with the understanding
that ZION CITY would not be worldly
place" in the generally accepted sense. It
was maintained that no one had the right
to issue deeds or leases to ZION property
witht ut taking into consideration the pro-
visions of the leases.
Wilbur Glenn Voliva wore pleased ex-
preston as the court finished the reading
of his decision.
"Of course I am pleased" he said to Sun
reporter Immediately afterward. "But it
was no more than | expected. We had right
with us and right always prevails The rul-
ing means that the drug store will have to
cease operating at once. There are other
establishments in ZION which are operating
contrary to the leases. If the owners do not
see fit to close them we will file bills against
each of them. People who are not in SYM
pathy with the principles upon which ZION
CITY was organized, should not attempt to
force themselves upon us. 1t is presurnptu-
Gus to say the least"
1t is reported that the independents will
pray an appeal to the higher courts.
A decision on the ZION CITY lease case
was given by Judge Edwards in the circuit
court this morning. On May 3, 1915, a
bill of complaint was filed against w. H.
Fabry and Bradford f. Simmons. of ZION
CRY, charging them with violating the
ZION leases by operating drug and tobac-
co store in ZION CITY and for having a ply
sician's office on the premises. On May 8
the bill was served on the compliments to
appear at Waukegan. In the meantime the
defendants filed a cross bill before Judge
Lands which came up on June Is. Judge
Lands on this occasion contended that the
deeds granted by him in no way set aside
the leases, and he never made any state
ment intended to convey that impression.
On June p, the case came up before
Judges Edwards, Frost and Donnelly, and
these jurists took the matter under advise
ment as there was clause in the objections
fled by the attorney for the defense which
was not clear in their minds This was
what was known by public policy" and
the judges wished some time to consider
this matter and to have briefs prepared by
counsel for either side, setting forth the
bearing which this matter had on the case.
In the meantime Attorney Packard pre-
pared an exhaustive brief on the subject
and then left for his home at Los Angeles.
A few weeks later an attorney for the drug
store filed an answer and it then remained
for the three judges to give their decision.
This morning Attorney c. P. Barnes and
Theodore Forby were present and repre-
scented the compIainants, while Chicago
lawyer represented the defense. Judges
Frost and Donnelly were not present but
Judge Claire Edwards had the decision all
prepared and read it,
Among the visitors in the court room was
Overseer Voliva, Apostles Carey and
Darms, Evangelist Cunningham and sever
al visitors more or less interested in the
case. In giving the decision Judge Ed
wards said:
AT the time the bill was presented to the
court it was stated to the counsel that in
view of the far-reaching effect of the deci-
sion in this case (every owner of real estate
and every inhabitant Of said city being di-
rectly or indirectly affected thereby, that
the court stated that it desired to ask the
Honorable Arthur Frost and the Honorable
Charles H. Donnelly, the two remaining
judges of the Seventeenth Judicial District,
to assist in the consideration of the case
that voluminous brief was presented with
the bill to each of said Judges, and that
later on hearing was had before court,
and the matter was argued orally by the