The Medford mail., June 19, 1908, Image 4

L1
Puttisned ever Friday
A 5. BUTON, P-aWlsher.
alEOFOKD JUNE 19, 1304.
SUBSCRIPTION $1.50 a Year
Entered In the potofflce at Medford, Ore
gon it second cUu mail matter.
FOUK VEAKM' PlUKiHKSH.
Four years ago the Republican
party In national convention submit
ted the record of Its achievements to
the American people, announced Its
policies for the future, and, Invoking
continuance of public favor, placed
In nomination tor the office of pres
ident and vice-president of the Unit
ed States, Theodore Roosevelt and
Charles W. Fairbanks, who were
elected, and the platform approved
by a popular vote of 7,623,485, a rec
ord unexampled In the history of po
litical parties since the foundation
of the government, receiving -he In
dorsement of 32 states out of the
49, with but 13 In opposition
In view of this indorsement. It be
comes pertinent and opportune to In
quire, What has the Republican party
done in the last four years of gov
ernmental control in many respect',
the most remarkable and brilliant In
the history of the party and the coun
try to forfeit public confidence or
create distrust in its capacity for
future administration? Although
some untoward and unforeseen con
ditions have beset the republic dur
ing the last four years, yet these
have been met and overcome with
alacrity and courage, and the coun
try has marched steadily onward In
Its matchless course of Industrial
triumphs. The wise and beneficent
legislation of the Republican party
during the long years of its ascend
ency and administration of national
affaire laid the foundation for the
public weal so securely that no dis
quieting condition, not even a tem
porary panic, which necessarily
touches the mainspring? of all indus
trial life, could arrest the country's
resistless advance.
Since the last national Republican
ronvefitlon, four years ago, our pop
ulation has Increased from 81,500,
000 to 87,500,000, while 4,000.000
of Immigrants from every quarter of
the globe have found welcome to our
shores and protection under our flag
During the last four years our
flocks and herds have Increased In
value from 12,998.000,000 to M,
331,000,000. The value of our farm products
from 15,917.000.060 to $7,412,000,
000. The output of coal from 314,000,
'000 tons to 420,000,000.
Our product of gold from 174,000,
000 to $90,000,000.
The accumulation in savings banks
of $2,815,000,000 in 1903 was aug
mented to $3,495,000,000 In 1907.
The deposits In nil banks In 1903,
aggregating $9,553,000,000, reached
the fabulous sum of $13,000,000,000
in 1907, an Increase of $3,546,000,
OOw In four yenrs.
Two millions of spindles In our
cotton mills were added, and the do
mestic cotton UBed in our factories
in 1907 amounted to over 6,000,000
hales as against 3,924.000 bales In
1903.
The Importations of raw silk to
supply our mills Increased from a
little over 15,000.000 Hounds l- l-03
to nearly 19,000,000 pounds in 1907.
In spite of the disquleticg condi
tions incident to the regulation of
rates on Interstate railroads, 20.000
miles of new trackage have been
added In the past four years.
The tonnage of vessels passing
through the Suult Ste. alurie canal
has increased from 28.000.000 in
1903 to 44,000.000 in 1907.
The output of pig iron, the barom
eter of trade. In 1907, was 25,781,
000 tons, as ngnlnst a little over 18,-
000,000 In 1903, and our exports of
Iron and steel Increased from $96,-
642,000 In 1903 to $181,531,000 in
1907.
The cotton fabrics wrought In
American mills from our domestic
fiber consumed In 1903, 3,924,000
000 bales, while In 1907 they re
quired more than 5,000,000.
Our exports of manufacture ad'
vanccd from $468,000,000 in 1903
to $740,000,000 In 1907.
Our Imports of raw material for
use in domestic manufacture in
creased from $330,000,000 in 1903
to $477,000,000 In 1907, while our
exports In the calendar year of 1907
were nearly $2,000,000,000, an In
crease of 30 per cent over (hose of
four years ago.
The mills and factories temporartly
closed by reason of financial disturb
ances are rapidly resuming opera
tions, calling labor back to profitable
employment.
This record of material activity in
field and forest, factory and farm,
mines and mills during the last four
years might be Indefinitely extend
ed, but this Is quite sufficient to
show the development and robust
condition of our Industrial lite.
Say, you knocker? Does It do
yourself or anybody else any good to
whine about hard times, real or pros
pective? And would It require less
effort or be a lees agreeable task to
help the fellows who are trying to
Improve conditions, to build up In
stead of tear down? Good time and
bad are the result largely of the tem
perament of the people, who seem to
take spells ot being grout hy and de-
" "
spondent for no apparent reason. It
Tl
A COMPLETE RECORD
Put your money on deposit with the Jackson Coanty ilenk and
pay your bills bv ebeok.
In this wav vou have a complete record of money paid oat, and
In the cancelled check yon have the best legs! form of receipt.
A check U a safeguard against dUpntes as to the amount and
date ol payment.
We veivoordially Invite yon to avail yonraelf of the advantages
of paying by check by opening so account with the Jackson County
Bank.
ru:kum
Jlnstk
imwoao, oaaooK If,
W. I. Vawtkr, Pres.
is to offset these periods that the
philosophers of good cheer and goo-t
times form their 'booster" clul-s ami
"don't worry" societies and yo-j
ought to ha initiated Into both before
you become a chronic malcontent.
In the approaching election, a
president and vice-president of the
United States, a full membership of
the bouse of representatives, con
sisting of 393 members and dele
gates and 30 United States senators
from as many different stages, are
to be chosen. The result. Involving
as It does the control of both the
executive and legislative branches of
the national government, with the
opportunity for a change of parties
and policies. Is of transcendent im
portance and far-reaching conse
quences, involving the states and the
nation.
The parents of that 3-year-old New
York girl that weighs 110 pounds
and is still a-growlng, need not
worry. She's growing up to be the
first woman president. Before she
Is eligible a constitutional amend
ment will provide that no candidate
for the presidency shall weigh less
thin 250 pounds.
Ol'll NATIONAL RKHOl'liCKH.
Particular value attaches to any
statement by Mr. i. J. Hill on the
subject of the natural resources of
this country; for there are probably
few, if any, men who have given the
subject deep study or considered it
from so broad and statesmanlike a
point of view. As one of the prin
cipal speakers of the recent confer
ence at the White House, after
drawing attention to the fact that
ntry is simple and fixed, he asks: (
How stands the inventory of prop
erty for our own people? And he
answers his own question categori
cally, as regards the wealth that may
be taken from the sea, the mine, the
forest and the soil to sustain the life
of man. The resources of the sea
furnish less than 5 per cent of the
food supply of the United States. As
to the forests of the country, the
most rellnble estimates reckon our
standing merchantable timber at less
than 2,000.000.0011 feet, yet we are
cutting annually about 40.000.000.-
000 feet, and the amount of lumber
cut rose from 18,000.000.000 feet in
18S0 to 34,000.000,000 in 1905.
Compared with other countries, we
are using annually 500 feet of tim
ber per capita as against an average
of 60 feet for all Kurope. The New
England supply Is gone; the North
west furnishes only small growths;
the Southern production Is declining,
ann on the Pacific coast alone Is
there any considerable body of stand
ing merchantable timber. We con
sume yearly three or four times as
much timber as is restored by the
annual forest growth. Some varie
ties will be gone in ten years' time,
and unless reforesting is restored to,
other timbers will he exhausted dur
ing the present century. So also In
the Iron Industry, the amount of Iron
ore mined In the United States dou
bles once In seven years. The fig
ures as here given hy Mr. Hill are
truly startling. In 1893 leas than
12,000,000 tons were mined. This
had risen to 24,000,000 tons In 1899;
47,700,000 tons in 1906 and over
52,000,000 tons in 1907. Our stores
of coal are similarly threatened with
early exhaustion. As to tho only re
maining resource, the soil Itself, wo
are told that there are but 50.00U,
000 acres of surveyed, and 36,500.
000 acres of unsurveyed land re
maining unappropriated, and 21,000.
000 acres were disposed ot in 1907
Fortunately, there are two well-established
remedies for the alrea-lr
greatly exhausted soil, namely, rota
tion ot the crops and the use of fer
tilisers. In the presence of these
statistics, Mr. Hill may well aay that
the era of unlimited expansion ol.
every aide, of having but to reach out
nr,d selie any desired resources, pro
vided for us by the hand that made
the foundations ot the earth, is draw
ing to a close.
SANITATION.
(From Wednesday's Dally.)
Since yeaterday'a Issue ot The
Morning Mall no less than three
property owners of this city have
spoken to ns regarding the cleaning
up of the city, which we urged yes
terday in this column. They all aay
back of their places cleaned; that
they are willing to have the work
done at their expense, hut that the
city acavenger cannot remove the
, " . . .US
I filth and rubbish owing to the fact
JACKSON C01S1Y BANK,
, MEDFORD, ORE.;
Capital, Surplus and Profits,
$115,000.00 ?"Ti
iResources,i$650,000.00.;
G. K. Lindlky, Cashier
chat there la no suitable dumping
ground available on which to dispose
of the matter removed. Hence they
are forced to allow the offal to He
where It is at present.
Truly, this is a serious matter and
one that ahould be remedied at an
early date. To think that there la, at
this time, no place in which such filth
can be disposed of, In a city of this
slse, is to realize that the clty'a health
la not properly safeguarded. The
that they wiBh to have the alleys
matter should receive early attention
at the hands of the city officials.
We are pleased to be able to say
that at the present time there Is
nothing serious the matter with the
health of the city. There are abso
lutely no epidemics of any kind and
this city enjoys an enviable record as
to health, but, should an epidemic
get started, how soon would that rec
ord be blotted?
Tnere Is but one proper way In
which to dispose of the offal of a city
of this slse. And that is to burn it.
The city council, we understand, la
becoming interested in the matter of
establishing a crematory for auch
matter and we will hail with gratifi
cation an announcement to the effect
that active steps have been taken
toward the building of one for this
city's hse. That burning Is the only
absolutely safe manner In which to
dispose of germ-laden filth is a con
clusion arrived at by sanitary engi
neers the world over.
We are aware, of course, of the
amount of money this city is bonded
for at the present time. We have
been told that the city is not large
enough to bear a much larger bond'
ed debt. Dut, on the other hand, the
expense Is not by any means prohib
itory. And what Is a matter of a few
thousand dollars compared to the life
proper sanitary conditions in this
city?
We trust that The Morning Mall
will soon be nble to announce to its
readers that the city of Medford is
soon to have a proper incinerating
plant.
Hll.lir.KN'.H DAY.
Special Services ut the iriilyfcrian
tliurch.
Last Sunday was children's day In
the Presbyterian church. A good
audience greeted the children at the
hour for the commencement of the
exercises. The church had been
beautifully decorated by the young
people, superintended by some of the
ladles of the church. The faces of
the children were bright In the moan
ing hour and In the expectancy of the
occasion. Visiting ministers pres-.-nt
were Rev. Ward W. Macllenry of
the Presbyterian church of Ashland,
and Rev. J. K. Hownrd of Medford
the evangelist of the presbytery of
Southern Oregon. The little folks
had been' well trained by those who
hud that work In hand, and acquitted
themselves with honor.
One of the moit beautiful things yf
the services was the baptism of four
children and the rtceptlon of three
adults to the membership of the
church. The offering to the 8unday
school work was very good, amount
ing In $15. The children and ul
present went away at the close of the
hour wishing for the oft return ol
children's day. The program wis
as follows:
"The Children's King," primary de
partment: invocation; Scrlpturo read
ing; "The Golden Harps Aro Sound
ing." school; "Our Battles," An-Irew
Kerr; Forget-Me-Not drill, primary
department; "Gifts for You and
Me," primary department; "Rose
Maidens," six girls; "June 8ing,"
Intermediate department; baptism of
children: "God's Care." primary de
partment; offering for Sunday Kehool
work; reception of members; d.iet.
"The Star of the East." Ethel and
Marie Elfert: "If at First." 'Slniei
Loomls; "Countless Blessings,"
Francis York; responsive real lug
page 8; "The Little Boy and His
Dream," George Kerr; "If I Knew,"
Marie Elfert; "Life's Mirror," Ulhel
Wheeler; "What He Would Be," Jes
sie Fletcher; "Without Christ," Eilmi
Gore; "Hosanna," solo and cho-ns.
the solo hy Aletha Emertck; beaeulc
tlon. Notice.
Beginning July 1, 1908, Run. I
I Route No. 1 will be enlarged, tasirc
In all those living between the Vo"-
hiea place and George W. Taylor. All
those living between these place,
please aend their names to the ,m t-
... . ,.,, ...-.I n.
U,l ...lU....., ..
A. N. WOODFORD, Postmaster.
The following is the brief submit
ted by William M. Colvlg. counsel
for the prohibitionists. In the matter
of J. C. Hall vs. George W. Dunn et
al.; a petition for a permanent In
junction to prevent the county court
from closing the saloons In thU city:
"To the Hon. H. K. Hanna, Circuit
Judge:
"At the time ot the hearing in the
above cause, I had not bad the op
portunity ot looking into the ques
tions involved, and waa unable for
that reason to aid the court In the
matter. But your honor kindly gave
me a few days' time In which to pre
sent my argument In writing. I
now rospectfully submit the follow
ing brief as the result of my Investi
gations.
"1 have tried to avoid bringing
before your honor a mass ot case law,
aa It Is not difficult In these modern
days to find from the reported cases,
which embrace decisions from all the
states, almost any kind of law that
ia needed to fit a particular theory.
, "The controversy herein is not free
from difficulties by any moans. Lo
cal option relating to the sale of In
toxicating liquors is of modern ori
gin, and the law governing the vari
ous propositions that may arise In re
lation thereto Is not yet well settled,
and the courts of the several states
have not been unanimous on all
points connected with Its operation.
Again, we find upon examination
that the local option law Is not the
same in the several states which
have adopted it. Hence, we have to
he careful when considering the de
cisions made by the courta of an
other state, for It may be that the
law of that particular state is quite
different from the law In the State
of Oregon.
"This Is a suit for an Injunction to
restrain the county court of Jackson
county, Oregon, from making the or
der required of it by section 10 ot
the local option law. The plaintiff's
counsel, Mr R. O. Smith, In his writ
ten argument, baBes his whole claim
for auch relief on the decision ren
dered in Marsdcn vs. Harlocker, 48
Oregon 90. (See page 2. plaintiff's
brief.)
That case and the one at bar are
not on "all fours" as to the facts. In
the Marsden case an Injunction was
sought to restrain the county court
of Coos county from making such or
der, and a genernl demurrer to the
complaint was sustained by the Cir
cuit court, whereupon Marsdcn re
fused to plead further, and a Judg
ment for costs was entered against
him. He appealed to tho Supreme
court, where tho action of the lower
court was reversed.
"A careful reading of the opinion
handed down will convince anyone
that the Supreme court was not very
confident ot the position taken by it
therein. Another case, from Coos
county. Involving the same questions,
and arising under the same state of
facts (McPherson vs. Harlocker) was
considered at the same time, and de
cided by the same opinion: notwith
standing the Tact that it was a re
view proceeding, and not a suit in
equity. The court very cautiously
concludes Its decision as follows:
' 'It would seem, therefore, that
equity has Jurisdiction to afford the
relief prayed for in the Marsden case;
but however that may be (those
words are not very decisive) the
same questions are presented in the
review proceedings Instituted by Mc
pherson, and In any event are prop
erly before the court for determina
tion. In view of the fact that the
County court did not, as required by
law, order the election in question,
such an election was invalid . . .
'This opinion does not by any
means settle' the question Involved
herein. Its language Is not decis
ive, and was not Intended to be.
'Then "it would seem' that when
there has been no valid election, the
County court may he enjoined from
making an order declaring prohibi
tion in effect. The County court, un
der such circumstances, would be en
tirely without Jurisdiction In the
matter.
"The facte in the case at bar are
quite different. The plaintiff ad
mits that the question of prohibition
was duly submitted to the voters of
Jackson county ns a whole, and that
it carried by a majority of 257, and
we may therefore assume that every
Jurisdictional fact and the condition
i7P Gi fjnTv
required by section 1 of the local op
tion law, wai before the County
court at the time the order for the
election was made.
Will this court say that on account
of the Medford city charter, no elec
tion on the question of prohibition
can be called for the entire district
ot the county, that Medford must
be excepted on account of Its Mater
law.' If plaintiff's contention Is cor
rect, we may as well come out flat
footed and say that the people of
Jackson county, as a whole, cannot
have the benefits of the local option
law. If the late election was called
for the whole county as a district, ,
and upon a proper petition, why !
should the County court not make
the order? If the order does not
embrace Medford, will It be binding
on Gold Hill and other precincts? I
do not think It would be under the
provisions of section 10 of the law. '
'The court will bear In mind that
the 1047 Totes of Medford people
on the subject affects the results all
over the county. If the charter ex
empts Medford from the operation of
the law, a call for a rote of the peo
ple of the whole county Is Illegal,
especially In those divisions of the
county, or precincts, where the ques
tion was not locally considered.
"The local option law, as a means
by which the sale of malt, Ylnout.
and splrltous liquors can be prohib
ited In any subdivision of the state,
went Into effect on the 24th of June,
1904. But as an actual prohibition
of such sales, It Is not In effect In
any locality until the results of an
election sustaining prohibition there
of has been declared. It is not, and
will not, be In effect over Jackson
county until the County court makes
the order declaring It so. (Vol. 23,
Cyc. of Law, p. 94.)
"The local option law of Itself
does not prohibit the sate of Uquui
at any place In the state; It Is simp
ly an enabling act which gives to the
people of each locality the right by
popular election to prohibit It when
ever they may choose to avail them
selves of the privilege.
"The people of Jackson county as
a whole, by proper petition, adked to
have the question of prohibition sub
mitted to them at the general elec
tion held June 1, 1908. It was done,
and prohibition was carried by a ma
jority of 257 votes the people of
Medford helped to decide the ques
tion by furnishing 1047 of the votes,
pro and con. But now- comes the
plaintiff and says that this decision
by the people of the wnole county
does not apply to Medford, because
tho city charter is a later law on the
subject, and that It gives to the city
council the right to license the sale
of liquor within the limits of said
city. And plaintiff's counsel argues
that on nil matters pertaining to the
Hale of Uqtior therein, that the loea'
option law is expressly repealed by
the city charter, Insofar as It af
fect a Medford.
'I do not think his position ten
able. The power of the council to
license the sale of liquor Is simply
suspended by the election of the peo
ple; and if at some future election
the same question is again submitted
and prohibition Is not sustained,
that then the council may again le
gally Issue such licenses under para
graph section 25 of the charter.
"At the time of the adoption of
ho local option law, cities and in
corporated towns were governed In
the matter of such licenses by their
several charters and ordinances.
These provisions remain operative
and in full force and effect until the
people suspend them by a majority
vote of the county, or other subdivis
ion thereof.
"Fouts vs. Hood River, 46 Or.
502.
"Sandys vs. Williams, 46 Or.
327.
Cyc. of Law, vol. 23, pp. 92, 93,
etc.
"Is the local option law repealed
by the provisions of the charter In
sofar as it affects the city of Med
ford?
"If the two statutes can be ret-on
died the court ought not to imply a
repeal of the general law which seem
ingly conflicts with the later spe
cial act. There Is a rule of Interpre
tation of statutes which applies the
presumption that the legislature did
not Intend an unreasonable or an ab
surd act.
"Endllch on Int. of State, 324,
etc.
"And when this charter was grant
ed It is unreasonable to presume
that the legislature Intended to re
peal the operation of the local op
tion law in Medford. If It lid so In
tend, such a radical end well-considered
statute would certainly have
been exprersly mentioned In the re
pealing clause.
"Ladd vs. Gambell, 35 Or. p. 400
"The Bancroft bonding act was
passed In 1893. It, like the local
option law. Is of general application.
While -the charter of Oregon City Is
a later law on the subject ot assess
ments for city Improvements and
seemingly In direct conflict with the
said prior general law, and has a re
pealing clause which concludes as
follows:
" 'And all other acts or part of
acts In conflict herewith are herehv
repealed.
"Yet tho Supreme court, ;n recoil
cling the conflict between the two.
said In Strutton vs. Oregon City, 35
Or. 413:
'It was manifestly not the lnt n
tlon ot the legislature, by the us of
this clat se, to repeal any general net
that might have application to the
ctly or Its regulations.'
It appears that the county court
submitted the quettlon of prohibi
tion to tho voters of Jackson couuty
as a whole.
"That said court acted within Iti
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jurisdiction in so doing. That It
duty to so submit the question in re
sponse to a proper petition therefor
was mandatory under the law. That
the election is now oyer, and the
fact appears that piohibition has car
ried the entire county.
"Under these conditions, it is a
mandatory duty of the county court
to make the order required by sec
tion 10 of the local option law and
to declare the result of the said elec
tion, and prohibit the sale of Intoxi
cating liquors In every part of Jack
son county, Medford not excepted.
"The Circuit court has no power
to enjoin the making of such order.
As was said by the Supreme court in
State ex rel. Lord. 28 Or. 035-6:
" 'No greater evil could exist un
der our form of government thar
the usurpation by the Judiciary cf
powers not intrusted to it. It
should therefore refuse, under all
circumstances, to assume Jurisdiction
in any case which effects the pow
ers, duties or prerogatives of the
other departments of government,
unless its right to do so is so clear
as to admit ot no reasonable doubt.
" 'Its right to do so ought to be
beyond all possible question.' The
local option law was Intended to
take the place ot all other laws re
lating to the sale of liquor in the lo
calities adopting its purposes. Court3
of ecuiity do not interfere by injunc
tion for the purpose of controlling
the actions ot public officers consti
tuting inferioi- quasi judicial tribun
als, such as boards ot supervisors,
commissioners of highwaya and the
like, oa matters properly pertaining
to their jurisdiction.'
"2 High on Inj. (3d ed.), sec
tion 1311.
"Injunction la an extraordinary
remedy, and it was well settled that
it will not be granted when the party
applying for it has a full and ade
quate remedy at law.
"If plaintiff's view of the law Is
correct, the order of prohibition can
not affect him. lie says that the
charter law is superior to the law on
which the prohibitory order is baaed.
If that be true, how can he he In
jured? Under such circumstances
he would have a perfect defense at
law.
"Plaintiff says that he has no ade
quate remedy at law. Remedy
against what the order of the Coun
ty qpurt? He does not need any
against it. It can do him no harm.
Should he presume to violate the or
der after it shall have been made,
then he will need a remedy, and If
his theory of the law Is correct he
will have one.
"The Supreme court ot California,
In the case of People vs. Board of
Supervisors, reported on page 777,
vol. 16, Pac. Reports, passed upon
the points at issue herein; that Is,
the power of the Circuit court to re
strain an Interior hoard of officers
from declaring the result of an elec
tion for the location of a county
seat. In the course ot Its opinion,
said: 'When tne returns have been
received and compared, and the re
sults ascertained by the board, If
two-thirds of the legal votes cast by
those voting on the proposition pre
In favor of any particular place, the
board must give notice of the result
by posting notices thereof In all the
election precincts of the county. In
this case the board of supervisors
acted on what appeared to them a
legal petition as prescribed by law.
They ascertained to their satisfac
tion that the requisite number of
qualified electors had signed the pe
tition, which they believed to have
been duly and legally presented to
them for their action. They took ac
tion thereon aa petitioned and or
dered an election. The election was
then held In due form of law and
two-thirds of the legal voters ot the
county voting on the proposition vot
ed In favor of moving the county
seat. No objection was made to any-
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nt. any depot between Grants Pats and
Medford. Send in your orders now
and don't wait until you must pay 98
per cord.
G. B. FOSSHEI,
WOLF CREEK
thing pertaining to the whole mat
ter until after the election bad been
thus held. The returns have been
received and compared, and the re
sults ascertained by the hoard, and
now the effort is made to prevent
them from announcing the result
and giving notice thereof, as required
by the statute. . . . The board
of .itipervtsors are simply endeavor
ing to perform a duty enjoined on
them by law to announce the result
of an election which in good faith
they believe to have been duly or
dered and legally held: and we think
it would be a most dangerous Inter
feron by the courts to prevent
them from performing a lepal duty,
and, in effect, to determine the re
sult of a contested election, in this
action for an injunction.
"The County court of Jackson
county has a legal duty to perform
In making tho prohibition order re
quired by section 10 of the law. It
has perfect Jurisdiction in the mat
ter. No objection has been Inter
posed to any of the steps taken In
the matter until the election was
over, and nothing remained except
to declare the result. The plaintiff,
If his theory is correct, could have
enjoined the call for an election em
uraeint; the v. hole county, and in
such suit could hare saved many
complications and much expense hy
raising the question at that time the
Medford was excepted from the law.
I supiose he thought the count;
would reject prohibition, and he
would not need the remedy which
he Is now asking to have applied.
"The local option law is a law 'of
the people, for the people and by the
reople.' and should not be nullified
hy the courts unless the reasons
therefor are Irresistibly overpower- .
ing.
"The law was certainly Intended to
prohibit the sales of malt, vinous and
spirituous liquors in any county of
the state whenever the people have
eiected such result, and we believe
that if the court should deny tho in
junction In this case It wilt be In ac-cc-ld
with reason. Justice and the lav,"
nnd will wrong no one.
In submitting the foregoing argu
ment, I deem It but justice to myself
to say that numerous other care
have intervened since the oral argu
ment and have prevented me from
unking such a thorough examination
of authorities as I would like to have
done. I regard the question mora
PS a question of logic, reason a'ifl
atument than I do one that is -tnb.'lshed
by precedent, for when we
examine the reports, we find nothing
reore than argument along the lines
of common sense and reason.
"Respectfully submitted by
"WM. M. COLVirj
"Of Counsel for Defendant"
Supplementary Brief.
"Hon. H. K. Hanna, Circuit Twlge.
"Blifi submitting to you my brief
In the . cause I have been scrscd
with an amended complaint therein,
and on account thereof I wish to add
a few words supplementary.
(Continued on 8th (age)
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