Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-27
ARE TREAD|N( On
DANGEROUS GROUND
Seine of the City's Saloonists
Considering ACCESSIBILITY of
Opening Monday
OF COUNTY ATTORNEY
MIR. Northup Says That 1t Will I'm
doubtedIy Mean Suit If Saloons Are
Open-The Law Is Plain-SaIoonists
Feel that Mondays Election Does Not
Come Under General Term.

Ii some of the saloonists of the city
do what they intimate they will on
Monday. and open their places despite
the fact that special election is be-
ing held, the district court will prob
ably have before it the next term a
number of cases alleging violation of
the mulct law. When the time comes
it is not thought the intinlations will
materialize into definite action, but the
matter has been seriously considered
now for several days.
According 10 County Attorney North
up, who was asked by the T.-R. for
his opinion, the saloonists will be tread
ing on very dangerous ground Never
before have they intimated that they
will keep open on special election day,
altho once or twice before when an
neXation questions We're up, the matter
was talked. Mr.. Northup says that
the law is plain enough and there is
no way to get around it. He also says
that if any of the saloonists feel that
they would like to assume the risk and
make a test case, there is every prob
ability of their getting the worth Of
their money. In other words the open
ing of any saloon on Monday will mean
a lawsuit. Whether those most struck
With the idea that the opening would
be legal are willing to take the risk
and fight the case for the sake of estab-
fishing precedent. is not known. 1t is
81, III
when the time comes.
City Solicitor c. II. Van Law was also
asked as to how he construed the law
and said that there was but one way
to understand it, and that was the way
it was written-that no saloon shall be
operated on election days, or on the
evenings of those days He says there
can be no other Interpretation in his
mind, according to the way the code de-
fines an election. than the saloons
would be violating the provisions OF
the mulct law If they opened.
What the saloonists think in regard
to Mondays special election. is that
because there is no public official TO be
elected. but rather the question OF
a franchise for the further
ance oil a private enterprise, IL is not an
election in the general acceptance of
the term They hold that the public
is not particularly interested. and that
the election should not count for more
than ii would when the council might
be taking a vote on some similar prop
osition. one prominent saloonist said,
however when asked what he was go
ing TO do Il am going to close;
think l could win the case if 1t came
to a trial, but l don't want to be the
one to establish the precedent. 1t is
thought that this will be about the
situation No one will want to take
the decisive step alone, and the result
will be that all will be closed. If one
or two do remain open it will likely be
on an agreement that the others VIII
stand by them in meeting the expenses
of a suit The saloonists think that they
are getting more than their share OF
special elections, and If there is any
way of getting around them they would
like TO find 1t out.