The Bemidji daily pioneer., 1915-08-17
JURISDICTION OF
COURT QUESTIONED
United States District Attor Claims
Judge Stanton Has No Al Y in
Grand Rapids Injunction
IF UPHELD, SALOONS MUST CLOS
Governor Hammond Says It Is Duty of
Local Authorities to Enforce Provi-
sions of Bemidji Closing Order.

Whether Judge G. w. Stanton, one
of the jurists of this judicial district,
would be acting within his jurisdic-
ton if he granted the request of
twelve Grand Rapids saloon owners,
in which they ask that a temporary
injunction be issued, restraining Off
GERS of the Federal Indian department
from interfering with the operation
of their places of business, is ques-
tion which is being fought out in a
legal combat at the court house to-
day.
During the latter part of July
Henry A. Larson, chief special officer
Of the Indian department, served no
tice on the Grand Rapids liquor deal
ers to close their saloons on or be-
fore July 80. On, the day named for
the "lid" to go into effect an order
restraining the Federal officers from
in any way interfering with twelve
saloons of the Itasca county seat was
served on Chief Larson and several
of his assistants The restraining or
der was made returnable today, the
government being called upon to
show cause why temporary injunc
tion should not be issued.
Saloons Have Been Open.
Taking advantage of the restrain
ing order the Grand Rapids saloons
have continued to operate, only two
closing on July 80.
Alfred Jaques, of Duluth, United
States district attorney, is represent
ing the government at the hearing
being held today and Elmer E. Nc
Donald of Bemidji and w. w. Barron
of Grand Rapids are appearing for the
liquor dealers. Indian Officers Brandt
and Thohasen were in attendance at
the hearing and large number Of
persons interested in the outcome Of
the matter were also present.
Has No Jurisdiction.
Attorney Jaques in his argument
claimed that the states court has no
Jurisdiction to act in case of this
nature, his contention being opposed
by both Mcdonald and Barron. Should
the position of Jaques be sustained it
ohoh hot hn
officers will slap the cid" on Grand
Rapids Immediately, lack of time pre-
venting the saloon men from obtain
ing a restraining order from the Fed
eral courts. Should Judge Stanton
rule that an injunction be issued it
will mean an appeal to the Federal
courts, Indicating another long legal
battle before the new points involved
in the enforcement of the 1856 treaty
are acted upon. If he denies the
application for an injunction the case
will be appealed. The case was re-
sumed at 4 O'Clock this afternoon.
Enforce Lid, Says Hammond.
That Bemidji and Beltrami county
officials should prosecute violators of
the treaty closing order is the dec
laration of Governor w. S. Hammond
made in a letter received by ]. J.
Opsahl, of this city.
Mr.. Opsahl, who has favored the
enforcement of the treaty provisions,
wrote the governor asking that the
city and county attorneys be directed
to prosecute illegal sellers of liquor
The Governors Letter.
Governor Hammond does not &C.
cede to the request for definite in
structions to the officials, but agrees
that it is their duty to act. In his
letter to Mr.. Opsahl, he says:
Upon receipt of your letter OF
August 6, went over the situation
with General Smith. think the at
torney general is disposed to perform
his full duty in the premises.
"Since the supreme court decision
early last summer, the federal au-
thorities have enforced the treaty pro-
visions in certain territory in Min
nesota. The city of Bemidji is in
that territory and the traffic of liQnor
in that city is prohibited. No IL
cense for the sale of liquor will be
issued by the municipal authorities,
and if it were, think it would be DO
protection whatsoever to one engaging
in such traffic.
Jurisdiction Defined
"A lawbreaker may be prosecuted
either by the United States govern
ment or by the state of Minnesota. 1t
prosecuted by the federal government