Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1915-09-02
WANT
SUIT DISMISSED
CASES TRIED ALL AT ONE TIME
TAKEN UNDER AMUSEMENT
BY JUDGE AMIDON

were true and agreeing to abide by
the courts order against the Chicago
Milwaukee & St. Paul, attorneys for
the Great Northern, the 500, and the
Northern Pacific railways late yester..
day in Judge Amidon's court asked
that the temporary restraining order
be dissolved and that the case be dis.
missed. Arguments were completed
late in the afternoon. Judge Amidon
then announced that he would take
the case under advisement. No de-
cision can be expected until some time
in November. In the meantime the
restraining order remains in force
Railways Between Two Fires
Grounds for the dismissal of the
case were that as common carriers
the railways received no compensa-
tion except the freight charges; that
they are innocent; are liable to be
sued for damages on one hand and
contempt on the other; that the bill
of complaint is too broad and difficult
to enforce land that there is nothing
in the state statute prohibiting ship
ments into the state directly or indl-
rectly.
Delivery Not Direct Violation
Judge Amidon at the close of the
hearing stated that if the injunction
is maintained it cannot be held that
the delivery of liquor is direct vio-
lation of the North Dakota prohibit
ton law, but the fact that it is carried
to persons maintaining nuisance
may make the railroad companies
participants He stated that the bill
of complaint does not point out any
specific place and that if there is any
embarrassment he might modify the
temporary order in issuing the perma-
nent Injunction.
IAN Attempt to Shift Burden"
The remarks of w. G. Porter, di-
vision counsel for the Milwaukee, that
the railroads only acted as common
carriers and were innocent and that
the state could obtain relief by in
stituting criminal proceedings against
local agents delivering intoxicating IL
quors contrary to law, were regarded
by First Assistant Attorney General
Francis C Murphy as an attempt to
shift the burden from the railroads
to the agents He stated that it was
the aim Of these proceedings "instead
of having the railroads aid in violat-
ing, to aid the state in the enforce
ment of the laws, and that the rail-
ways could use the company's prop
erty as an aid instead Of a hindrance." 1"
Cooperating With Enforcement
League
Judge N. C. Young, representing
the Northern Pacific and Great Nor
thern told that shortly after the pas
sage of the Webb Kenyon bill, March
1918, he had a conference with the
attorney of the North Dakota En-
forcement league and drew up an Or
der explaining to the agents of the
railroads the provisions Of the new
law and that if any agent was found
guilty At conniving at violation OF the
law that complaint would be made
immediately by the enforcement off,
Ger to the railroads.
Cited Troubles in the State
Judge Young told of the seizures OF
liquors by sheriffs and that the COM
panies were held responsible and that
it was q relief to them when the
Webb-Kenyon bill was passed. "Our
agents are subject to be charged with
making criminal sales," said the at
torney for the Northern Pacific "and
the bill charging delivery 70 fictitious
persons is a federal violation. If the
attorney general had named an agent
in the action we would have to stand
trial as a participant. don't know
how we can avoid the liability. |
recognize every day that goes by hat
the agent is table,