Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-05-07
Saloons Of the Capital City Will
Remain Closed at Least
Until June.
An Interesting Point Decided in
Relation to the Canvass Of
Petition.

days before the first day OF the regular
session at which it is to be canvassed
and that publication must be had in all
the official papers Of the county. The
only new point touched upon was as to
the right of the board to take testimony
as 10 the suificiency or insufIiciency of
the petition. on this point the court
held with counsel for the saloon men,
dscreeing that inasmuch as the board of
supervisors has not the power to compel
the attendance of witnesses and as 1t
would be an injustice to either party to
the right to but it, that the board shall
canvass the petition by comparing it
with the poll lists and the registration
books.
The saloon forces had some hope OF se-
curing a favorable decision on their con-
in the three official papers required by
statute previous to the convening OF the
session was sufficient, but the court
gave the section relating to the cam
wasting of statements the broadcast in
depreciation and held that where 1t re
!auires that notice shall be published in
lcial papers, whether three or twenty.
Fl The decision was not disappoint-s
tment to the saloon men, for they had
been advised by their attorneys that
there was practically no show of Sc
curing favorable decision after the
court had rendered his decision on the
demurrer and the only reason for
trying the case on the allegations of
Az.
grounds for an appeal to the supreme
court should the saloon men find II
necessary to appeal. Their attorneys
are of the opinion. however, that an.
appeal will not be necessary. Com
mencing this week notices will be pub
|lished in all the official papers OF the In
tention Of the board to canvass the
statement at the June session com-s
mencing June 4, and there will be no
doubt as to the sutiiciency of the pub.
Ilication. The temperance forces will
Undoubtedly attempt to prevent a cam
yass at this time on the theory that a
petition has already been canyassed.
The attorneys for the saloon men insist
that in a legal sense there has not been
a canvass, that a petition can not be
canvassed until it has been before the
with reference TO both the previous at;
tempts to canvass that the supervisors
have never obtained jurisdiction of the
petition. They also claim the statutes
hold that but one petition can bsScan-.
vassed in a year, but do not say how
many times this petition shall be can-:
vassed, and that they have a right to a
canvass and are not debarred because
nfAi.. y,x1f y
the members of the board of supervis-
ors. They are confident that the June
canvass will find the petition sufficient
and that the saloon men will be able
to resume under this statement now on
| file.
In the meantime the temperance
forces are continuing their Work copy
ing the petition preparatory to inaugu-
rating campaign to secure withdraw
ais from the petition. They will have
to secure about 295 Withdrawals to In
validate the statement
With reference to the rights Of the
board Of supervisors to take testimony.
I.etc., the court said:
counsel for plaintiff have com-
| planned of alleged Irregularities and IL
Illegal conduct on the part OF the board
lin connection with its attempt to can
lvass the statement in question. In
view of the position have taken IT
| is not necessary that / decide any such
lquestion, but 1t has been said that If the
April canvass should be held illegal a
new notice may be given and a canvass
undertaken in respect of said statement
at the June meeting Of the board. In
view OF such possible contingency it
Hmay be proper that 1 say 1t is undoubt-
eddy the right of any citizen to appear
before the board at the time a canvass
lis proposed to be entered UP. and to file
protest or remonstrance against such
canvass, and to have the same consid-
Tered and ruled upon by the board. II
does not seem to me that when the
board has determined to enter upon a
fcanvass 1t is then proper to take evil
dence or to hear argument, at least over
4 the protest Of any other person interest
ed. Tostake evidence atsthe instance OF
one person. or to hear argument on his
behalf would involve an extension of the
lrule In favor of every person interested
So, too. to accept of evidence on behalf
of one citizen involves the right of other
lscitizens adversely interested to procure
levidence in denial or rebuttal. The
JSDOHTu, IlINlIlS no pOMeT5e 10 ScNuEe ASuGIl,
lit seems to me ought not to go into the
matter at all. Then, too. the statute says
lat shall canvass; that means, as take
lit. that it shall count the names, COM
pare the same with the poll list, and
make its finding. think that IL it be
desired to frame and contest other is-
sues. such must be done upon appeal. 1t
/ is not quite clear what is meant In the
statute wherein 1t Is said that upon al-
lpeal the trial shall be had de novo. In
asmuch as no trial is provided for be-
fore the board, but rather that can
vass shall take place, take 1t that
what is meant is that upon appeal all
matters OF controversy which may arise
out Of the statement itself, the canvass
THEREOF. and the determinations upon
such canvass. shall be tried upon the
tissue framed by the general denial filed
Tn respect Of the matters last above
spoken OF, do not wish to be Under.
stood as holding that they come within
the jurisdiction Of the court under GER.
tioari. refer to them because allega,
tions in the petition and testimony
which has been produced show thai
there uas much controversy when ~