Omaha daily bee., 1888-04-16
A NEW PROHIBITORY POINT,
Civil and Criminal Actions Make
Quite a Difference.
WHAT THE SALOONS DIDN'T DO.
The White Button Brigade to Congre-
gate at Dcs Moincs-The Capital
City's Crack Ball T~eam-Nen-
tilating University Charges.
Another Prohibition decision.

Another Prohibition Decision.
DIS MONIES, Ia, April 15.-ISpecial to She
BEE. Judge Kavanagh's decision in the
supreme court the past week in the case Of
the wholesale liquor dealers whose stock had
been seized, raises a new point under the pro-
hibitory law. These dealers were charged
with'violation of the law on the ground that
their clerks or employees had on certain occa-
sions sold liquor to minors or TO persons who
were habitual %drunkards. The court held
that while such facts, If proved, might sub
jcct the principal to liability in a civil action,
it could not hold TO responsibility to a Grim
innl suit. In other words, that unless it
could be shown that such sales were made by
his orders, knowingly In violation of law, he
was not responsible. The court held that a
mans criminal responsibility was limited
only by his own acts. He might be liable in
q civil action for damages for anything which
an agent of his did, but he could not be pun
ished in a criminal suit and sent to prison
because his clerk, acting without his orders
or knowledge, should have violated the
prohibitory law. The temperance peo-
pie claim that this decision of Judge
kavanagh is in conflict with n recent decision
of the supreme court, TIL court held in
the case of a druggist that he or his agents
must know when selling liquors that they
were TO be used for purposes allowed by law,
or were to go 20 persons who were allowed
by law to purchase. That decision held that
it was no defense for a druggist to say that
ne did not know that n man who purchased
liquor of him was an habitual drunkard, or
that he was under twenty-one, or that he
did not intend to use it for legitimate pur-
poses. But those were cases In civil action
and affected simply the dealers responsible.
ity as under the pharmacy law. They were
not cases of criminal prosecution, and were
not intended to subject the defendant to
criminal punishment if found guilty. Judge
kavanagh's decision is plain, therefore, to be
not in conflict with the supreme court, and
to lay down a line of responsibility somewhat
different from any that has heretofore been
noted.
WHAT IT ESCAPED DOING.
The Legislature has been gone long enough
for the people to review its actions and to
begin to put some estimate on the result.
There seems to be a general feeling of relief
throughout the state that the period of sus-
pense and peril is past. When the work of
the session is summed up it will be seen that
after all the legislature did not do very much
that was positively pernicious, but what it
really did do that was bad was very little
in comparison to what it threatened to do.
Hardly one of the large business interests of
the state did not feel that it was exposed to
| peculiar peril as long as the legislature was
in session. One of the prominent insurance
men of this city remarked. after the session
had closed, that if the legislature had passed
1 lll, Dllio ilScNAA ADu ulNS SOblIlIlllo tllIl
were proposed it would have closed every
company in this city and made it ALSO
, lutely impossible for them to do business in
Iowa. What was true of the insurance COM
| panies was true of many other business in
terests. a great deal of harm was threat
ened, but comparatively little was done.
The important measures that were
passed We're the railroad bill apply
ing the principles of the interstate
act, TO state traffic; charging the
! powers of the commissioners SO that they
could fix rates and prevent determinations;
the law making the railroad commission
elective; the law amending the pharmacy
| law, adding more stringent provisions as to
the sale of liquors; the law prohibiting pools,
| trusts and other conspiracies to regulate the
| production of articles of common use-these
are about all the laws of general Importance.
There were some hundreds of other laws
made, but they were largely of local interest,
the majority being legallzing acts. So, for a
| legislature that Threatened to do a great deal
of mischief by hasty and extreme legislation,
the result is not nearly as bad as it might be.
A WHITE HUTTON CONVENTION.
A call has been issued for a state conven-
ton of republican clubs to be held in this city
Wednesday, May 2. The work Of organizing
clubs has gone on very rapidly, and it is esti-
mated that there are now between two and
three hundred clubs in this state. 1t is hoped
that by the time the convention meets there
will be at least five hundred clubs in the
state. The enthusiastic convention held by
the Nebraska clubs will be an inspiration to
the republicans of Iowa to equal them in good
works. AS this convention will be repre-
scented by five delegates from each CLUB, it is
expected that there will be a very large and
enthusiastic meeting. Some of the best
| sneakers in the state amOung the Young re-
publicans will be present, and the boys pro
pose to have the ~liVeliest and most inspiring
convention ever held in Iowa.
THE BAsE BALL OUTLOOK.
More interest is being taken III base ball
| chic ,nur than aynr hnfDrp II iS fnlt tbnt
| the old team is much stronger than last year
and is able to cope with any in the league. 1t
is also conceded that the Western association
is a good deal stronger and faster than the
northwestern league was last year. These
facts conspirc to increase popular interest in
! the game here in Dcs Moines and TO make it
seem probable that the marked SUCCESS of
the game last year will be repeated with
larger attendance and enthusiasm this. AS
| the team is now constituted it has no weak
spots. Whitley, last years center fielder,
was released IA few days ago, the manage
| ment feeling that his services were not re-
| CURED and that he was hardly able TO keep
up with the company rs the team is now
constituted. The present Outficld is one of
| the strongest, according to base ball cranks,
of any in the country. Van Dyke in left field,
Halliday in center, and Orator Shafer in
| right, make n strong combination for the out
| field. The pitchers box will be filed with
| Cushman, late of the MetropOlitans, Wells, of
| last seasons team, Smith, a winner frnm the
| Southern league, and Kennedy, Of last years
! team. Mccullough will guard short in place
| of Davy Force, and will fill the position quite
as ably. Joe Quinn, the Dunlap of the West
ern association, as eastern papers call him,
will be the field captain, and take care of
everything in the vicinity of second base.
| The team as u whole is considerably stronger
in batting, and somewhat stronger in fielding,
| than it was last year. So, all things consid-
cred, it is in good shape for the
seasons work, The high water early
last week flooded the park and spoiled
the only exhibition games that were t.