Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-21
Will Be No THIRST
IN NAR1HA|L|OXN
Supreme Court Decision Compels
ALI Saloons to Secure New
Petitions Of Consent
TWENTY ONE PLACES AFFECTED
Council Threshes Out the Question in
Some Heated Argument, With Three
Members Voting Against tho Petit
tions-An Attorney Interprets the
Law.

SioH0-eAn t$SSoFuoy lns0TPTS0 IH0
The city council, at Its adjourned
session Thursday night, granted to
nineteen of the twenty -one saloons in
Marshalltown, permission to do BUSH
ness for another year, by adopting res
olutions Of consent, presented by Coun-
cil1nen George Herman and A. Psenic-
ka. 1t was not without considerable
heated argument that the action was
taken, and with Mr.. Packer the only
absentee, there were but three who
comprised the opposition. in the per-
sons OF Devine, Sieg and Iseman. Mr..
Young joined in the minority on one
petition, that affecting the ALLEY Inn"
on North First street. Permits to the
remaining four saloons, granted at
recent meeting. give consent to all in
the city.
Mr.. Herman presented fourteen OF
the petitions, prefacing his initial res
olution by the remark that the last time
he tackled the saloon petitions he got
help from the T.-R, but he was going
to tackle it again, just the same.
Upon the presentation Of the petition,
which affected the A. Barry saloon,
corner Of Third avenue and Nevada
street, Mr., Devine brought up the
question OF a new decision Of the SUI
preme court affecting the saloon busi-
ness, which he understood had recent
ly been handed down. AS he was not
familiar with this, and he believed the
council stood in the same position, he
thought the matter be postponed until
the next regular meeting.
Mr.. Herman said that Mr. Bradford
was present and would be glad to ex-
plain the decision. Mr.. Devine OBJ
jected to hearing Mr.. Bradford, saying
that the city had an attorney of Its
own, and he would prefer getting city
advice from him.
Solicitor Burritt was called upon, but
explained that he had understood that a
recent decision Of the supreme court
fixed the life Of petition Of consent
to operate saloons at one year, and
that every saloon must secure consent
anew every year. Mr.. Burritt was
not sure that this was the law. and
did not care to give an opinion.
Mr.. Psenicka, who had Joined with
hear Mr.. Bradford, said that a great
many Of the saloon people of the city
were better people than the "goody
goody" ones, when it came to observ-
ing the law IL the saloons were not
trying to obey the law they would not
take the trouble to come before the
council and explain q law and live up
to It.
Herman Goes on RECORD.
Mr.. Herman said that he came to
Marshalltown in 1868, in prohibition
days. Blocks of buildings were va
cant, bootleggers were thriving, and
there were more drunks ON the street
than at any time since the saloons
opened. The county was at continual
expense caring for drunks. Now"
said Mr.. Herman, eve get $1,000 a
year from every saloon in the city.
When would we have ever paid for
paving had 1t not been for the saloons?
We have the biggest majority OF re-
spectable saloons OF any city in Iowa.
i have been in many places. ana know.
Here the saioonists quit doing business
ten minutes before 10 O'clock, 80 as to
get their places closed by 10. So long
AZ fte saloons are run right, and behave
themselves, 1t is a legitimate business.
ought to know, the T.-R. says, and
do know. TIL stick to 1t. II want to
patronize them will patronize them.
90 into them; I don't deny 1t, and
will continue to go into them
Not q Question Of Morals.
DR.. Devine followed with a sensible
talk IN which, he attempted to smooth
the troubled waters He said that 1t
was not a question of morals that was
before the council, but a question OF
legality. The council must know Just
what it is doing before it takes any
action. and act intelligently, according
to law.
- Bradford lnterprets Law.
The council then consented to hear
Mr.. Bradford, who entered into an in
depreciation Of the law, affected by a
recent decision from Fayette county.
Mr.. Bradford said that by the decision
every person engaged in the saloon
business. when he pays his taxes In
January. must file with the county au-
ditor a statement Of the consent of the
city council, the consent of all property
owners within fifty feet, the names OF
all employees, and a satisfactory bond.
On the first day Of January, Mr.. Brad
ford explained, each and every saloon
list who has not resolution of consent
from the city council would be advised
to close his saloon This would be the
outcome if the council did not act on
the resolutions at once, rather than de-
fer them until the regular meeting in
January, the 14th.
Mr.. Bradford added that as yet the
supreme court decisions had not BEEN
issued n legal publication. and that
its exact provisions he was not famil-
lar with. This much he did know,
however and his clients wanted to do
a legal business.
City Solicitor Burritt did notbelieve
that the question was SO material to
the city as 1t was to the saloonists, and
considered that the burden Of proof
rested with the saloons
Devine Amendment Lost.
Mr.. Herman's motion, to adopt the
Barry petition, was amended by Mr..
Devine, to postpone until the January
This was lost, Devine, Sieg
and Iseman voting aye.
The vote on the petitions, In their
order, followed. Supporting the petit
tons were Clark. Herman. Mcdonald.