Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-12-27
AFTER 6. 0. D. LIQUOR
Big Seizure at Leon Brings
Case Again Before the
Iowa Courts
SOME MooreD LAW POINTS
New Case Will Be Brought Out on Diff
ferent Grounds Than Orc in Which
the Supreme Court Reversed the
Iowa Tribunal - Industrial Boys
to Give Entertainment.
SOME MooreD LAW POINTS
Special to neutrality-suspicious..

| Des Moines, Dec. 27.-1'he G. O. D.
| front because of the action Of the peo-
pie at Leon in Decatur county the 9TH
er day in Selling all the Christmas
liquor supply at the express office
there The liquor was seized Saturday
before Christmas when 1t was suppos-
ed the supply was the largest and the
goods were locked up and the case set
for preliminary hearing for December
30, Consequently the parched and
thirsty peoplerof Leon can have no re-
| lief till after the holiday season when
| it is considered the demand for the
goods will chiefly have disappeared.
| The g. o. D. liquor business has both
cred officials in all sections of the state
| ever since the action of the supreme
court of the United States in reversing
| the decision of the Iowa supreme court
in holding the express company guilty
While the points of law are fine and
| the difference in the mode Of pro:ed-
ure on the surface may seem to be lit
tie changed, the authorities are trying
every devise possible to set at the bus
mess in some form that will break it
up. The Leon case hinges on the
charge Of keeping liquors contrary to
law. The suit passed on by the SUI
preme court of the United States was
on the charge Of selling liquors. Ill
Leon the authorities sw0re out q war
rant for searching the premises Of the
Il,,,, l;n ierfN Fo,- irt,n hol
trary to law. City Marshal A. NJ.
Pryot swore OH. the information ami on
going to the depot the constable AMI
city marshal found strong box whish
the express company had built in the
depot for the purpose Of keeping
liquors shipped in C. o. d. till it should
be called for by the persons to whom
it was consigned. When the box was
entered it was found to contain To-;
packages of liquor from differ2nt
firms, none containing less than one
gallon and some containing two and
three gallons. 1t took two big drays TO
haul the liquor to the county jail FOL
safe keeping and the value of tha
liquor was about $500, no package re-
ing valued at less than $3.50. 'rhr
liquor seized would stock a good sized
saloon. AS many as ;'our and iiva
packages were consigned to the same
person.
There are two grounds on which III s
case will be fought through the courts
that were foreign to the other case.
One is that in this case it is found
that great many of the people de-
clare that they never ordered the
liquor. The attorneys will argue
from this point that the liquor
was at the depot in the box specially
made for keeping liquors in contraven-5
ton and contrary to the law just as
much as though it were in the build
ing of a saloon keeper who did not pay
his mulct tax and is just as subject
and liable to seizure and condemnation
and subsequent destruction. If this
contention can be proven and the
courts will allow liquor thus found to
be destroyed there will be an end to
the c. o. D. liquor business at no very
distant date. The other point that the
attorneys will contend for is based on
decisions lately handed down by the
supreme courts of South Dakota and
Kentucky in which it is held by both
courts that liquor shipped in from
outside states while interstate COM
merce is nevertheless contrary to the
state laws and criminal unless it is
shipped to person having legal
right to hold such liquor in the state
to which it is shipped That is il
shipped to a saloon keeper
who pays his mulct tax it is
legal. IL shipped to nearly
anyone else it is illegal and the
courts hold that such liquor can be
seized and destroyed, the crime resting
in the fact that it is held by some one
who has not legal right to hold it,
the Interstate commerce part All the
liquor can be shipped in that the
liquor dealers and the express COM
panies desire. But OF course if seized
and destroyed as soon as found in
anyones hands not q saloon keeper
the business would soon be demoral-
lied. By those who are informed on
the situation it 10 claimed that the G.
o. D. liquor business IS larger than
people anticipate 1t Is alleged that
the amount of goods seized at Leon
is only fair index of the amount of
business done at hundreds of Iowa
towns.
Governor Cummins will put a large
part of his time this week on the
message that he will read to the legis-
lature. Governor Cummins is a very
rapid worker in the matter Of writing
messages and addresses as we'll as in
other things He never begins the ac-
tual work of writing a message or
address till late. OF course the ma
terial is gathered. carefully for some
time before the actual work of dictat-
ing the message or address begins.
When ready to write he dictates to his
stenographer the entire address or
message with hardly stop The notes
are typewriter ana corrected by the
governor and typewriter again maxi
ing the corrections and the message
or address is completed. There are
very few corrections to make from the
first copy. The dictation in the first
instance Is practically as the complet-
ed address or message IL presented to
the public.
The Eldora Industrial school for
boys will give an entertainment Jan
uary % when It IS proposed by the SUI
TO eclipse the entertain
ment given by the girls at Mitchell-
vile. There Is considerable rivalry