Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-03-26
. PROHIBITION IN IOWA.

Under the Supreme Court Decision
the Law will Close all Saloons.
Des Moines. Iowa, March 20-The de-
cision of the supreme court in the Fritz
saloon case settled effectually the prohi-
bition question in this state. 1t was q
test case, which the saloon keepers were
sanguine would result in their favor.
They had raised every possible point
that the ablest lawyers could suggest, go
that the supreme court might pass upon
them all. The Temperance people also
have relaxed their efforts to enforce the
Law, until this case was decided, as it was
deemed the rock on which they stood.
The statute declares saloons, and all
places where Intoxicating liquors are
sold, to be nuisances, and whoever keeps
such q place is guilty of nuisance,
and any citizen may maintain an
action in equity to abate and perpetually
enioin the same. Whoever violates such
injunction shall be fined $500 to 1000
or be imprisoned six months, or both
The court below granted an Injunction
agains Fritz. He appealed on the ground
that the law contravened the coDstitu.
ton, in that it deprived the defendant of
trial by jury, deprived him of property
without due process of law, and further,
that an injunction could not issue, in
equity practice, at the instance OF an
individual where only the moral good of
the complainant or the public was con.
cerned; there must be property rights
involved. which were in jeopardy. Here
tofore it was the custom to arrest the
saloonkeeper and take him before q
justice of the peace. He would demand
q jury trial, and nine times in ten oh.
livious witnesses would defeat the case
and If perchance he was convicted, be
would appeal, give bonds. and 20 back
to his saloon. Under this new dispense
tion, any citizen can go before the Judge
of the district or circuit court, and ask {
writ to enjoin the keeping open saloon
The judge must grant the writ which il
temporary until the matter can be hearC
by the Judge: there Is no Jury about it.
it be shown that the defendant is guilty
the injunction is made perpetual agains
the premises and the keeper, ard i
not obeyed the fine is not less than $500
This is the severest shock the saloon
keepers have received yet. 1t brings then
up with short cut. They have been 8,
sanguine of success since the suprem,
court set aside the amendment, they dl,
not realize the importance of the ques
tions involved in this case. If they die
they evidently thought they would wir
4 The decision has upset their calculations
They were getting ready for bushes
IN this city. Several places we're being fit
ted up at large cost. But to-day they de
clare the game is up.and they may as vel
quit, land they are closing up.
One effect of this law will be to Civ
opportunity to shut up saloons in th,
river cities and towns, as any citizel
therein may apply for writ of injunc
tion. and even Judge Hayes would b.
compelled to issue it, temporarily, ant
if the nuisance be established. he mus
make it perpetual. The state TEN
perance tlliance and the Temperance
people have been also waiting the resul
in this case. They have not made an,
effort to carry out the plans adopted a
: the state convention held here q fe,
months ago. The secretary says nov
work will begin all along the line.
is safe to assume that the saloonkeeper
will now be pushed to the wall aud yer,
few will take the risk of resistance. Hi
, only hope of salvation is in the repeal @
the law, and that will be the contest thi
fall.