Fergus County Democrat., 1916-12-28
.|NJUNCT|ONS
AGAINST CITY
TWO OF THE ROOMlNG HOUSE
CASES ARE TAKEN INTO THE
DISTRICT COURT.
HEARINGS ARE SET FOR JANUARY 10

Two actions for injunctions against
the city, arising out of the rooming
house raid and the conviction of the
proprietors of number of the room
ing houses of permitting beer to be
sold on their premises, were brought
In the district court yesterday. In
the first case, that of A. ID. Johnson,
proprietor OF the Weaver rooms, un-
der the license issued by the city coun-
ell, ii is set out that the plaintiff has
endeavored at all times to conduct u
quiet and orderly rooming house bust
ness; that the plaintiff has invested
! a large sum IN furnishing the prem.
| ises. where he has his own home: that
on Dee IL the plaintiff was arrested
under Il warrant issued out of the
police court charging him with VIC
| lation of Il provision of one of the
rooming house ordinances: that upon
a trial he was acquitted by the police
magistrate; that on Dec. 20 he was
served with notice from the mayor
and council to appear on Tuesday.
Jan. 2, at 8 p. m. and show cause why
his license should not be provoked
The plaintiff sets out the court record
Of mot guilty" entered In his case and
says that forfeiture OF the license
would result in rreparable damage
and loss to him There Is, he sets out
no plain, speedy and adequate remedy
! to prevent the alleged unauthorized
act proposed in the forfeiture OF the
license except by the remedy of in
junction and he asks for II temporary
restraining order until the case can
be brought on its merits and disposed
of. Judge Ayers signed the temporary
restraining order. setting Jan. 10 at
10 a. H., as the time for the city to
show cause Blnckford & lIuntoon
represent the plaintiff
Beatrice Marshall also brings an
action for an Injunction, setting out
the fact of her arrest on Dee. IL for
an alleged violation of n rooming
house ordinance provision. She al
leges that she was denied "a jury trial
and adjudged guilty of permitting beer
to be sold on her premises and that II
fine of $3.50 was imposed; that an
appeal was Immediately perfected. but
she has been served with notice to np-
pear and show cause on Jan. 2 why
her license should not be revoked.
Plaintiff alleges that the refusal to
plaintiff alleges that the ordinances
J relating to rooming houses are void,
invalid, unreasonable. oppressive and
beyond the powers of the city to en-
act. She also cites the fact that she
had conducted the Mnjastic rooms
since May, 1915, and has conducted the
place In II quiet and orderly way;
that she has invested $i0,500 in the
| To-, I,,Ii In
! the purchase of the building and site.
The hearing upon this was also set
for Jan. TO-
il Is supposed that some OF the 9th
ers involved In the raid will institute
similar proceedings. G. j. Marshall
stated his intention of doing so on be-
half Of his clients, but is now on his
way east on n wedding trip and the
city will proceed Tuesday night in
each case unless actually restrained
by "a temporary order II IL not thought
that this proceeding will delay the
issue materially City Attorney o. O.
Mueller was quite confident as to
the outcome last night, having in mind
a Minneapolis ease recently decided
by the supreme court, which, he
thought was sufficient to fully sus
IalIl llle ClLy III any dClloil ~ may laht
with reference to these cases.
New Citizens.
Clerk J. l.. Martin has completed
the certificates of the aliens admitted
to citizenship few days ago. Twenty
nine successful passed the examina
tions, the list being as follows. Erick
Larson, Gustav Roselund, Hangar Os
burnsen, John Ennaas, Andrew j
Hague, Ole Berven, Bernt Restadm
Carl J. Syverson, Norway; Josef He
bachek. Otto Rosenspung, Peter Pro
tiva, Mad Verant, George Rocek. An
drew Pelot, Austria. James j Beedie
! Frank Day of Christina y, Bertrand
Alexander c. Wilson, G. II. MoOris, ]
. ]. Manney. Francis Gillis, Great Bri
tain, J. II. Gustafson, Sweden. Sieg
fried Machler, Switzerland; hayden
Totsoff. Bulgaria.