The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1917-11-01
Circuit Judge A. G.. Camp
bell Abides by Decision
of Hon. c. M. Jones.
CONTENTION GO
TO SUPREME COURT
Holds That Circuit Court
and Court of Record Are
Coordinate Jurisdiction.

Holding thai the Circuit Court ano
the Court of Record of Escambia
county are courts OF coordinate jur-
isdiction, Judge A. G.. Campbell yes
terday denied the application of Sher-
iff j. c. Van Pelt for an Injunction
to restrain j. G. Hilliard from oper-
ating a service club in Pensacola. on
the ground that Judge C. Moreno
Jones, of the Court of Record, had
decided the question, and that unless
the decision was shown to be clearly
erroneous, which, in the opinion Of
Judge Campbell it was not, the Cir
cult Court would concur IN the deci-
sion of the court.
The case was brought into the
courts by the arrest of Hilliard and
the seizure of some liquor from his
place of business several weeks ago.
Hllliard applied for an injunction re-
stralnlng Sheriff an Pelt from visit
ing his place of business, which was
Ora MD 49, h,s IT, co,,,, nf,,;; Kan Nbs,a
that 1t was not shown that Hilliard
Nas operating a service club within
the meaning of the new statute under
which. Van Pelt sought to restrain
him from operating.
In the proceedings the sheriff was
represented by John P. Stokes, while
Kirke Monroe represented j. q. Hill
lard. Chief Deputy Sheriff c. G.
Hartsfield stated yesterday morning
that the case would | = appealed to
the Supreme Court.
Following is the decision of Judge
Campbell, handed down Tuesday at
DeFuniak Springs, and received by
the clerk of the court here yesterday
morning:
The Courts Findings.
The question submitted for the
courts decision upon, the application
for temporary injunction based upon
the allegations of the bill of com.
plant is whether or not the respond
ent, J. G. Hilliard, is maintaining a
club or other association of persons
as described in Chapter 1887, Acts of
1917; said act making it a violation
of the law for clubs or other associa-
tions or persons to serve and dispense
liquors, save under certain restric-
tions and conditions as therein set
forth, the business of the respondent
having been fully set forth and de-
scribed in paragraph two (2) of the
bill of complaint. The solicitors for
each of the parties called the courts
attention to the decision rendered by
Judge G. Moreno Jones of the Court
of Record of Escambia county, where
in ]. G. Hilliard was complainant and
j. G. Van Pelt, as sheriff of .Escam-
bia county, was respondent. It was
admitted bv counsel for respective
parties that paragraph two of the bill
of complaint herein sets forth ver-
batim. or substantially, the same mat
ters as were set forth in the answer
of j. G. Van Pelt, as sheriff of Es-
Gambia county, Florida, to the bill of
complaint filed in the Court of Rec
ord of Escambia county, Florida. The
attention Of this court has also been
called to the decision of the Judge of
the Court of Record upon bill of com-
plant and answer in said cause of
j. G. Hilliard, complainant, vs.. J. c.
Van PeIt, sheriff. In that case Judge
Jones decided that the allegations in
the respondents answer were not suf-
ficient to show that there was a club
or other association of persons with
in the definition of club or ssocia-
tion as contemplated by the law, and
also that the allegations of paragraph
of the bill of complaint herein were
| insufficient to show that Hilliard
served ana dispensed liquors, wines
/ or beers, as a member, employee OF
agent of any club or association OF
persons.
This court and the Court of Record
i of Escambia county are, in my opir-
ion, courts of concurrent and co.
ordinate jurisdiction at the same time
over the same subject matters and
| within the same territory, whereir
litigants may in the first instance
resort to either court indifferentiy.
Therefore, the decision of Judge C.
Moreno Jones of the Court of Record
unless clearly erroneous, should be
followed by this court until the uues
ton decided by him is settled by the
court of last resort, viz: Supreme