Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-04-10

The new Iowa liquor law has substan-
TALLY the same feature contained in our
Vermont law in declaring saloons and all
places in which Intoxicating liquor is I'M
lawfully sold to be common nuisances,
with the added provision that upon the
application of any citizen, the judge may
grant perpetual injunction against the
saloon-k keeper, without benefit of jury.
The constitutionality of this law has just
been asserted, by the Supreme Court of
the State to the great joy of temperance
people. A Des Moines letter says of the
case
The decision of the Supreme Court in the
Fritz saloon case settled etfectually the
prohibition question in this State. 1t was
"A test case, in winch the o0h.keepers
were sanguine would result in their favor
They had raised every possible point that
the ablest lawyers could suggest, so that
the Supreme Court might pass upon them
all. The temperance people also nave re,
Taxed their effort to enforce the law, until
this case was decided, as it was deemed
the rock on which they stood. The stat
ute declares saloons. and all places where
Intoxicating liquors are sold, to be nui-
sances and whoever keeps such place is
guilty of nuisance and any citizen may
maintain an action in equity to abate and
DerDeUuallN eIJOlll lut w ht'Nci
violates such injunction shall; be fined
$500 to 81 600 or be imprisoned six months,
or both. The court below granted an in
| junction against Fritz. He appealed on
| the ground that the law contrayened the
constitution, in that it deprived the de-
PENDANT of trial by Jury, deprived MN
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 IN
volved, which were in jeopardy. Hereto
| fore it was the custom to arrest the saloon
keeper and take him before a justice OF
| the peace. He would demand jury trial,
and nine times in ten oblivious witnesses
would defeat the case and II perchance
he was convicted he would appeal: give
bonds, and go back to his saloon. Under
this new dispensation, any cltlzen can go
before the judge of the District or Circuit
| Court and ask writ to enjoin the keeping
open a saloon. The judge must grant the
writ, which is temporary until the matter
can be heard by the Judge there is no
Jury about it. If it be shown that the de-
PENDANT is guilty, the injunction is made
perpetual against the premises and the
| keeper, and if not obeyed the fine is not
less than $500. This is the severest shock
the saloonkeepers have received yet IL
brings them up with short cut. Ihey
Supreme Court set aside the amendment,
they did not realize the Importance OF the
questions involved in this case; II they
did, they evidently thought they would
win. The decision has upset their calcu-
lations. They were getting ready for busi-
ness in this city. Several places were be
ing fitted up at large cost. But to-day
they declare the game is up, and they may
as well quit, and they are closing up.
One effect of this law will be to give OPP
portunity to shut up saloons in the river
cities and towns, as any citizen therein
may apply for writ of injunction, and
even Judge Hayes would be compelled to
issue it, temporarily, and if the nuisance
be established, he must make it perpetual
The State Temperance Alliance and the
temperance people have been also waiting
the result in this case Now work VIII
begin all along the line. 1t is safe to as,
sumo that very few saloonkeepers Will
take the risk of resistance. His only hope
of salvation is in the repeal or the law,
and that will be the contest this tall.
1t is said to cost forty-tw o cents 10 stop
a train. Curious, but "A big snow DRIFT
never seems to hesitate on account OF the