The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1918-04-25
JUDGE ROESER
RULES in FAVOR
: OF LICENSE FORCES
DISTRICT COURT THROWS OUT
BOTH SCHAUB AND BYRD
BALLOTS.
CASE WILL BE APPEALED
ATTORNEY ORMOND OF MORRIS
CAUSES TROUBLE AT COUN-
GIL MEETING.

Sank Centre swung back into the
wet column Monday evening following
the edecision of Judge Roeser which
was filed with the Clerk of the Stearns
county district court Saturday even
ing.
In his findings the Court holds that
the two contested votes-Schaub ana
Byro, were illegal, and the election
records were ordered purged of them,
it being alleged by the contestants
that both were "Dry" votes. In
young NSchaub's case there is no doubt
about it. The Court also held that
there was nothing to show that Byro
did not vote "dry" as he swore on the
witness stand. The marked ballot
which the dry attorneys insist should
have been thrown out, was allowed to
remain, 50 the vote as revised by the
court was a tie, and of course the
conditions existing before election
were not changed.
The city council held meetings Mon
day and Tuesday evenings to consider
the advisability of appealing the case
to the supreme court. Nothing de
finite was arrived at Monday evening,
but on Tuesday there was fireworks
galore. City Attorney L. L. Kells and
Mr.. Leach of Gunderson & Leach,
Alexandria, explained the law and
recommended that the case be carried
up.
Mayor DuBeau introduced Attorney
James Ormond of Morris, stating that
he would explain the case from the
"Wet" viewpoint.
Ormond spilled the beans and
spilled them for fair. Many of those
hearing his talk say that he was
either Intoxicated or trying to bluff
his hand through. He questioned the
loyalty of those who desired to have
the case carried. This in face of the
fact that number of the City's re-
preventative citizens and heavy tax
payers were present urging that the
step be taken. Several of those have
boys either in France or in canton
ments. When Ormond persistently
kept upN his disloyalty charges, for
bearance ceased-to be virtue and he
was called and called properly, so the
Herald is reliably informed. i
Things moved mighty fast for few
minutes and Mr.. Ormond was lucky to
get away with whole hide. He may
be able to pull that rough stuff in his
home community, but he cannot come
into Sank Centre and charge every
man who is not lined up on the booze
side with being disloyal.
After the turmoil of battle was over
Alderman Sullivan moved that the
City Council order the City Attorney
to appeal the case to the supreme
court of the State of Minnesota. AID
erman Halvorson seconded the mo-
ton. When the vote was called for
Aid. Halvorson and Sullivan voted in
favor of the motion and Aid. Jameson
and Borgnann voted against it.
President Hillerud Of the Council be-
fore voting stated that he believed in
fair play; that the citizens were very
evenly divided upon the question and
he believed that it should be settled
beyond controversy, therefore he voted
in favor of the appeal.
The Herald does not profess to know
what effect the appeal will have on
the saloons. Undoubtedly however,
they will be allowed to do business
during the balance of the period for
which license has been granted. If
stay is granted pending the appeal it
is quite likely that the council could
not grant license>until the supreme
court had handed down its decision.
1t usually takes at least six months
for an action to get through the
highest tribunal Of the state.
The Herald publishes herewith the
complete finding of Judge Roeser in
the district court case:
Findings and Decree.
The above entitled matter, being a
contest as to the result OF an election
held in the City, of Sank Centre on the
question of licensing the sale of in