Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-04-01
The Clark Enforcement Bill.

A Bill, tor an Act amendatory of Chapter
l43, OF the Acts OF the Twentieth Gener,
al Assembly, relating to intoxicating
liquors, and providing for the more ct
fectual suppression of the illegal sale
and transportation ofintoXicating liquors
and abatement of nuisances.
Be ii enacted BY the General ASScmbU Of tie
STATE Of IOEpa!'
SECTION /. That actions to enjoin nui-
sances as authorized by Section -, of
Chapter l43, of the Acts of the Twentieth
General Assembly, may be brought in the
name Of the State OF Iowa, by the District
or County Attorneys of the proper county
and it shall be the duty of such District or
County Attorney where any such nuisance
exists, to institute and prosecute such ac-
ton for the abatement thereof; provided,
however, If after notice or information
given him of such nuisance, said District
or County refuse or neglect to bring suit,
and prosecute the same with reasonable
diligence, then any citizen residing in the
county may institute and prosecute such
action in the name of the State for the
abatement of such nuisance But nothing
in this section shall prevent any citizen of
county from instituting and maintaining
in his own name an action under said sec
ton IL, of said chapter lab. And to all
of such actions, whether brought under
the provisions OF said section II, Of said
chapter 143, or of this act, the provisions
in this act shall apply. All such actions
shall be triable at the first term of court,
after due and timely notice of the com
mencement thereof has been given. Evil
dence of the general reputation of the
place designated in the petition shall be
admissible for purpose OF proving the ex.
istenCe OF such nuisance, and il successful
in the action the plaintiff shall be entitled
to an attorneys fee Of not less than twenty
five dollars, to be taxed and collected as
costs against the defendant.
SECTION 2. In any such action, the
court, if in session, or the Judge thereof in
vacation shall upon the demand of the
attorney or party charged with the man.
agement OF the cause for the plsintitf, gran
temporary injunction without bond, if il
be made to appear to the satisfaction OF the
court or judge, by evidence in the form OF
affidavits or otherwise as the court or
Judge may order, that such nuisance actu-
ally exists, or is being maintained, and
when the cause is continued at the instance
of the defendant, a temporary injunction
Snall DC lSsuSu DIS Il HldllcE Ol SOuI sc Will
out bond.
SECTION 3. In case Of the violation OF
any Injunction granted in such action, the
court, or IN vacation the Judge thereof
shall have power to try summarily, and
punish the party or parties guilty thereof
as required by section II, Of chapter l43
OF the acts of the Twentieth General AS
sembly; provided, that if the penalty
inflicted for such contempt, be imprison.
ment alone, it shall not be for less thar
three or more than six months. The evi.
dence in such proceeding or trial for con
tempt, may be in the form Of afhdavits, or
the witness may be brought before the
court for examination, as may be ordered
and the provisions of section 3404, OF the
Code shall not be held to apply to persons
charged with violating injunctions ISSUED
under this act and the act TO which this is
amendatory.
SECTION 4. Whoever is convicted o
keeping a nuisance as provided in section
70, of chapter 14S, acts OF the Twentieth
General Assembly, shall pay a fine moi
exceeding $1,000, nor less than $500, ano
costs of prosecution, and the cost shall in
clude a reasonable attorney fee to be assess
ed bv the court, and stand committed
until the fine and costs are paid, and the
provisions OF chapter Al, tite25, of the
Code, shall not be applicable to persons
committed under this section.