Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-04-06
PETITION SUFFICIENT
saloontsts lIay Operate Under To
Petition Recently Secured
Courts Ruling.
Saloon Case Of Kinsie Dismissed aud
Costs Taxed to Plaintiff
Wade Csss on.
Henry Forney Granted ! Divorce
From His Wife Jury Trials
to Begin Monday


to Begin Monday
Judge Burnham this morning handed
down his decision In the validity OF the
saloon petition as appealed from the
board OF supervisors ruling to the disc
trict court. and ruled 1t to be sufficient,
thus establishing beyond doubt the
right OF MarshaIltown'se eighteen saloons
Ito operate without molestation.
The attorneys on both sides conceded
that there were at least 1,22S names on
the petition which should be counted.
unless there should be deductions made
on the three grounds urged by the OBJ
tectors to the petition.
The first ground on which 1t was
asked by the anti saloon people that the
petition be declared nun and void was
that forty-nine names, which went to.
make up the 1,22S names on the petition.
conceded as above, should be stricken
Iout, as these forty nine persons had
lsigned a remonstrance and petition
petition Of consent.
4 As to the right of such petitioners to
Withdraw their names, and because the
grantirg OF such right would still give
a majority Of the votes cast at the last
general election, the court did not pass.
simply because IL the ground were all
lowed 1t would make no difference in
the matter nor defeat the petition.
to ninety-eight names on the petition
because the date OF signing those names
\ did not appear opposite each name. In
stead the dates appeared in the petition,
at the head of each page, the names fol-
lowing. 1t also appeared that the petit
ton was flied within thirty days of the
date of appearing at the head of each
petition, therefore the court concluded
that by inspection of the petition 1t
would be easily determined that all
names signed to the petition OF consent
had been placed there within the thirty
days prior to the time of filing, which
complies with the statutes. In addition
Ito this there was evidence of the persons
who secured these names that all had
been signed on the dates appearing ~
the head of each page Of the petitions.
The third ground was because there
A were two statements of cOnsent, with
two separate headings, at the time they
were circulated, it being claimed that
when the petition was .canvassed by the
board Of supervisors one of these head
4 tngs was removed and all names were
ATTACHED under one heading; The testi-
mony Of the county auditor and all 9th
Ier witnesse on this point was to the eff
4 feet that the statements OF consent
15came Into the hands of the auditor IN
i the same sorm and condition In which
they had beef signed and the heading,
which was removed, was removed by
some orc after they had come into the
hands of the auditor. Consequently the
icourt held that the petitions, being In
due form a. the time they came into the
lhanas of the auditor. the petitioners
could not be prejudiced and their rights
defeated by any change in the petition
4 after |. had been presented to the aud
itor for filing. Therefore, upon the
A whole cass, the court held that the pc
lt.':onS of consent was sufficient and up-
Il held tile action Of the board of superyis-
org in that respect.
KNIFE CASE DISMISSED.
Following closely upon the heels of
the dismissal of the six saloon cases in
which A. j. Mabie was plaintiff, the
only remaining one. that of Il. II. Mead
VS. Frank Kinzie3 ct AL, was dismissed
Thursday afternoon. The grounds OF
4 the dismissal We're that the court had
4 no jurisdiction in the matter the owner
|ofSthe building not having been made a
tparty to the suit. as the law requires.
A In filing the petition the plaintiff had
4 inserted as defendant II. u. j. Board
man. now deceased. The costs in the
action We're taxed to the plaintifr.
THE WADE CASE.
The court heard this morning argu-
ments In the case growing cute set
il tlement OF the estate of Jeremiah
Wade. Wade was an old soldier Of the
Home, who died q few years ago. A
4 SISTER, Mrs. I3esan. Of Floyd county,
claims a sum Of money for the care of
their mother, the costs OF which. IT is
a'.eged, were to be borne equally by
Il Mrs. Lesan and MIR. Wade. Mrs Lee
San has therefore put in claim 20. the
half claimed to be owed by Wade and
TOW. due from his estate. Tho case was
heard on dispositions and wcitten evil
sIdeEce.
I FoRNEY DIVORCE GRANTED.
Mr. Henry Forney, OF this city. was
Hate Thursday afternoon granted di-
Torce from his wife. Flora Forney. now
of South San Francisco, Cal. There
Twas not much deliberatioli on the par,
of the court in granting the decree. as
the testimony was conclusive and much
4 If accordance with the interview pub
\ l:shed in these columns at the tire the
a petition was fled Mrs. Johns. the
7 nurse who took care OF Mr. F'orney
I during long illness. testified that Mrs
( Forney abused her husband shame.
fully, tried to extort money from him
and said that she only married him fol
his money.
JURY CASES MONDAY.
u The Jury cases will begin next Mon.
day and the first case assigned Is thai
q OF LAMA vs. the LeGrand Quarry Com
pany. This is damage suit in which
LAMA. an italian laborer. asks $5.0ot
for the loss OF his sight. caused by AZ
alleged premature explosion of blast
ing powder at the quarries east OF the
city. The case Is a retrial. 1t having
been set aside at the November tern
y OF court last year. Is
The assignment for Wednesday q