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Show DISMISSAL fOR DR. STEWART Attorneys Contend That Civil Ci-vil and Not Criminal Ac- ' tion Should Be TaKen in Alleged Nuisance Case. Justice Smith this afternoon overruled over-ruled the motion to dismiss the case against Dr. Stewart The entire morning session of Justice Dana T. Smith's court was today occupied , V in hearing the arguments of Assistant City Attorneys P. J. Daly and H. J. Din-in Din-in ny for a dismissal of the charge against -City Health Commissioner M. R. Stewart of creating and maintaining a nuisance. The table In front of the Judge's bench was plied high with law documents. The attorneys contended that the. commissioner com-missioner was acting upon the rights granted him by law in creating a dumping dump-ing ground at Third South and Tenth West streets, at a place known as Horse- - shoe bend. 4 It was argued that a criminal action was not the method contemplated by the statutes for the removal of a nuisance eaused by a health officer, but that the proper procedure was by injunction. At the afternoon session of court 'yesterday 'yes-terday Charles Rogers, driver of a city garbage wagon, was called to the witness stand. He asserted that he dumped two loads of garbage a day In the bend, but - had orders from Dr. Stewart to cover all the jgarbags with ashes. The odor, be decared, was not as bad as people tried to make it out to be. Other witnesses called were Mrs. Isabella Isa-bella Ireland, 1036 West Third South street; Mrs. C E. Norrell, Mrs. Charlotte Char-lotte Erickson. Lincoln Jones, Sanitary Inspector G. W. Margetts and Mrs. Lis-sle Lis-sle Margetts. The court took the case under advisement advise-ment after the session this morning, and will give his decision this afternoon. |