Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-07-30
DEFENSE IN INJUNCTION CASES
WILL GO TO SUPREME COURT.
JUDGE ROBERTS GIVES OPINION
Fierce Legal Battle to Be Wased Over
Question as to July 4 Being Legal
Holiday in Connection With Muiet
Law.
yrgTaIE.ai.E5
From Wednesdays Daily.

rAoh NeuHesuuy DHliy.
The opening of what promises to be
one of the most fercely contested le
gal battles and one involving a legal
point that has never been raised pre-
y1ously in any court of the state
was witnessed in the district court
here yesterday when Judge M. A.
Roberts rendered a decision holding
John Lunkley guilty of violating the in,
junction issued against him in Janu,
airy 1902 restraining him from violat-
ing the mulct law of the state. This
is one Of the seven Injunction cases
that were filed here recently against
various saloon keepers of Ottumwa
and an attempt will be made by At
torneys ]. ]. Smith and 10 Jaques to
secure reversal of Judge Roberts de-
cision by the supreme court. The cases
were filed by Raney & Simmons of
Fairfield and were the outgrowth of the
failure of the defendants to close their
saloons on July 4.
Is New Point.
In the arguments presented in the
case it was pointed out that although
by the laws Of Iowa July is counted
as legal holiday as far as notes, con-
tracts and other legal papers are con-
cerned, there is nothing in . the liquor
law Of the state touching this point
and the attorneys for the defense con-
tend that therefore it should not be
considered as a legal holiday.
This point has never been brought
up in Iowa before. but the supreme
court of Indiana has twice held that
July was not legal holiday within
the meaning of the mulct law of that
state. which is considered very similar
to the law in force in Iowa.
Holds it Holiday. sss,
In rendering his opinion Judge
Roberts this morning held that July
should be considered legal holiday
and therefore that the defendant was
guilty of violating the Injunction
against him.
Will Appeal the. Case.
1t is stated by Attorneys Smith and
Jaques that they will carry their case
to the supreme court where they hope
for reversal of the decision handed
down by Judge Roberts. If it should
be agreed between the attorneys for
the defense and Raney & Simmons
that the cases shall deal only with
question as to whether July 4 may
rightly be considered legal holiday,
it may be decided to group the cases.
However, should such an agreement
not be reached, it is stated that the
cases will be carried through the SUI
preme courts of the state and will be
fought to finish.
Jury Drawn.
The list Of petit jurors for the August
| r ~ ,
has been drawn and the jurors have
been notified to appear on August 81,
the third Monday of the term. The jur-
ors are as follows: ], E. Ailer, F. T..
Baron, J. F. Bauer, George w. Buck
ner, Moves Garfield, H. H. Davis, A. J.
Fairchild, A. c. Gland, f. Hagen, d. w.
Harer, C. A. Hyatt, e. w Lawson,
Hugh Latta, H. +. Michael, Martin
Mckay, Ed Manchester, Thomas Rior-
dan, Benjamin Randall, John Roland,
Charles Schick, j, r. Scully, Robert
Tray, Anton Vlasok, and E. M. Wilson.
Grand Jurors.
The names of the grand jurors who
were drawn at the previous term of
court are also given. The grand jur-
ors are ordered to appear Tuesday
morning, August is, at 10 o'clock The
jurors are as follows: ]. HI. Arney, S..
D. Baker. Elias Garfield, Gibbs DOTS.
G. w. Davis, ST., d. o. Drake, H. H.
Garrison, H. G. Humbert, Frank Har-
| dy, Thompson Lindsay, F. M. Mast, r.
M. Williams.