Omaha daily bee., 1902-05-17
CANNOT SHUT OFF DRINKS
Iowa Supreme Court Opens Door to Non
Resident Liquor Dealers.
GOVERNOR MAY CALL LEGISLATURE
Many Members of Opinion Erection of
Temporary Buildings for the
Schools for the Deaf
Would BE Folly.
CFrom a STAFF Correspondent

(From a STAFF Correspondent
DIES MONIES, May 16.-(special 1.-THE
Iowa supreme court in a decision by Judge
Weaver today made a ruling that will have
great effect on the prohibitory liquor laws
Of Iowa. The court decided that under
the principles governing interstate COM
merce and the rulings of the United States
supreme court, the state of Iowa is power
less to prevent agents or firms in other
states soliciting orders for liquors in Iowa,
forwarding such orders and the transporta-
tion companies from carrying liquors so
ordered and delivering to Iowa customers.
The Iowa legislature engrafted into the
code a clause which was intended to ex-
pressly forbid such soliciting Of orders and
the doing of a mail and express business
in liquors. Judge Weaver while in the
legislature was one OF the most earnest
advocates OF a prohibitory liquor law as
stringent as 1t could be made; but in his
decision today, rendered with expressions
Of regret that 1t should be the law, the
door is opened wide for the liquor business
by outside firms.
The opinion is based entirely upon the
holding of the United States supreme court
in constituting the interstate act.
Eleven cases are cited in support Of the
holding. Among other things the court
says:
tenders states Power Migratory.
These holdings, it is needless to observe,
render the. power of the state to prohibit
the traffic in liquors to large extent nuga-
tory, and leaves the agents of nonresident
dealers to ply their trade with bootleggers
and other resident yiolators. of the law
without effective hindrance, but we have
only to declare the law as we find 1t. 1t is
proper to add that all these cases under the
aYythority Of which this appeal Is disposed
The dissent of Justices Harlan, Gray,
Waite, Shiras and Brown is supported by
very persuasive reasoning and great weight
of authority. but whatever we may think
of the comparative merits of the
employed we are in duty bound to follow
the authoritative pronouncement of the
court whose decision upon this and kindred
questions is final. Yielding to these prece-
dents, we are constrained to hold that the
transaction set out in the agreed statement
of facts comes within the definition OF in
cannot be made punishable under the laws
of the state.
Again the court says:
All these acts, the seeking of the GUS
toner by the agent, the soliciting and
the house in another state. the shipment
made therein, the transportati ton and de-
livery to the purchaser in this state, all
unite to make up interstate commerce.
The defendant, 1t should be remembered,
Is not charged with the Gffense Of selling
to be held is criminal liability in the so;
Letting and taking Of the order, and
the moment the order was obtained. even
though his principal had never completed
the sale thus negotiated. 1t Is therefore
whether the title passed to the purchaser
when the company for transportation or
paid for. The one question is, as We have
before said, whether the taking of the
order under the circumstances was part of
a transaction of interstate commerce.
Upon that proposition we are compelled to
hold In the affirmative.
Opinions by Supreme Court.
The following are the decisions of the
court filed today:
ante st0IsnSerg, aPPellant against
Gordo county; Judge Smith; action on
will affirmed.
ct al, appellants; Webster county; Judge
tract; afirmed.
Hamann. appellant; Scott county; Judge
Bollinger; action to set aside conveyance;
NJ. NJ. Read against American Surety
company of New York, appellant; Polk
county; Judge Holiness; action on surety
Southern Circuit Methodist Episcopal
to recover for building a church; reversed.
state Of Iowa against Pat Hannaphy,
appellant JeHerSon county; Judge Echel-
berger; reversed.
Extra Session Talk.
Quite a number of members of the legls-
lature have been in Des Moines the last
week, largely for the purpose OF inter-
viewing the governor and others in regard
to the advisability of a special session of
the Iowa legislature for the purpose OF
appropriating money to aid the School for
the Deaf at Council Bluffs. There is a
pretty strong sentiment in favor Of having
the legislature meet and provide for per-
manent buildings at the school instead OF
putting up with temporary structures.
Representative A. Head of Green county
expresses himself as in favor Of a special
session. He declares that 1t is folly for
the state to put money into temporary
structures. The $35. 900 or more that would
be thus spent would be almost entirely
wasted. He would have the governor call
the legislature together some time during
the summer and make an appropriation for
the school suitable for a permanent build
ing. Senator Junkin Of Montgomery county
has been here in consultation with the
governor and Is not quite so positive in
the matter, but a number of the legislators
have been consulted and they are generally
In favor of a legislative session and a suita-
BILE appropriation.
Medical Board and OsteOpnths.
The State Board Of Medical Examiners.
at its session today, adopted regulations for
the examination Of osteopaths for certih-
Gates as 'osteopathie physicians" under a
new law passed by the last general assem-
bly,. The board will examine colleges and
pass upon their suticiency and issue GER
tihoates in accordance with the law. This,
It is expected, will end the troubles of
long standing between the osteopaths and
the doctors.
The state board granted a certificate to
DR.. Parsons. an osteopath, on an order
from the district court. Parsons brought
suit last summer and won his case and
he will have the only certificate Issued
under the old law to an osteopath.
DR.. Linn was elected president OF the
Board OF Health. Dr. Adams Withdrawing.