Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-13
Question Arising in Benton
County Brought Before
Judge Caswell
NEVER HAS COME UP BEFORE
Does an Appeal Stay an Execution of
an Order for Abatement of Nuisance?
Belle PIaine "Joints" Destroyed and
Liquors onfscated-sheriff Enioin-
ed From Further Action.

One of the finest law points raised In
notice of Judge Obed Caswell, in this
city, Wednesday evening, when attor-
neys from Benton county brought be-
fore his honor liquor abatement ac-
ton. The case comes from Belle
PLANE, where two Joints" were de-
stroyed by Sheriff w. C. You'll, of Ben
ton county, on Tuesday.
The resorts have been conducted by
julius Krabenhoft and Joe j. Jacob.
Each was run in open violation Of the
law, it is claimed. and has not been ma
terially bothered until recently, when
the proprietors were indicted for nuis-
ance by the grand jury at the Septem-
Der term. Each was convicted, fined
$500 and costs, and on Tuesday Sheriff
You'll went to Belle PLANE, raided both
places, spilled every drop of liquor
found in each, and removed the furni-
ture, preparatory to Its disposal at pub
lie sale.
The attorney for the plaintiffs, Tom
H..
is stated that he was so angry when he
heard of the proceedings, that ne was
unable to eat any breakfast, neither
was he able to make any Roadway at
his MONDAY meal. He objected to the
sheriff's procedure, claiming that he
had appealed to the supreme court from
Judge Burnham's ruling, and that all
proceedings must be stayed until the
decision of the supreme court was
reached.
County Attorney L. j. Kirkland, OF
yinton, did not look at the case out OF
the same pair of spectacles, and insist
ed that the sheriff was right in confis-
eating the liquors and going ahead as
the law prescribes. The question then
naturally arose: us an appeal stay
of the execution of an order for abate-
ment of nuisance?" 1t was that ques-
ton that was asked Judge Caswell
Wednesday evening, and so far as the
Judge knows like question has never
been asked in Iowa before. He will
take a little time to prepare his answer,
which will be given at the next term
of the Benton county court, which con-
venes next Monday at Vinton.
Judge Caswell did grant an injunc-
ton, however. restraining Sheriff You'll
from disposing of the property at sher-
ifs sale, but the injunction in reality
is only a matter of form, for the sheriff
could not dispose of the property any
way within four weeks, as the law re-
quires it shall be advertised for sale
thirty days in advance. Jacob. one of
the defendants. had a very well-equip-
ped resort, and 1t Is estimated that his
fixtures alone are worth $1,000.
The idea of the counsel for the de-
Tense was to get the fixtures back into
the buildings and allow the defendants
to continue their business pending the
result of the appeal. The state took
the position, however that an order of
abatement under an indictment is the
same, in the eyes Of the law, as an
order secured by an Injunction, and
that the sheriff may proceed to execute
the order to abate, confiscate the prop
erty and dispose of the fixtures. The
state also claims that the appeal does
not in any way affect the execution.
It is claimed that absolutely no author
ity can be found touching upon the
question and Judge Caswelfs decision
will be awaited with great interest.