Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-05-09
Supreme Court Says Saloon
Must Be Deserted at the
Hour Named
CAN'T EVEN COUNT THE CASH
Bartenders, Under the Law, Must
Leave the Building at the Hour
Named-An Interesting Opinion by
Judge Ladd-Decision in Case From
Fayette County.

Des Moines, May 9.-Iowa saloon
keepers must not only lock the doors
of their saloons at 10 o'clock at night,
but must leave the places and not
enter them again until o'clock the
next morning.
They cannot remain after 10 o'clock
to count the cash or to clean up the
saloon, nor can they return before 5
o'clock the next morning to do the
same thing.
Everything that is to be done in an
Iowa saloon must be done in the sew
enteen hours between a. M, and 10
p. M, and there must be nothing do
the day
This is the sist of an opinion rem
dered by the supreme court yesterday,
Judge A. n. Hobson of the Fayette
district fined William Langelbach of
that county for violating an injunction
which restrained him from remaining
in his saloon to- clean up after closing
hours. He appealed TO the supreme
court The court yesterday, without
a dissenting vote, decided that the hne
was properly levied.
Judge Ladd's Opinion.
In deciding the case the supreme
court, thru Justice Ladd, says:
THE opening of the place after 10
o. m. or before a. m. is prohibited as
absolutely as ON Sunday.
mi, iS the Mace may
be open a part Of secular days ana not
at all on the first day of the week.
THE meaning of open is the same
in both clauses and unless we are 10
disregard the ruling of Rosemhal VS..
Hopson, the conclusion is inevitable
that If the place be open but mo-
ment, no matter what the purpose, the
statute Is violated and the bar to pros
ecution removed.
The object of this provision was to
obviate all opportunity of selling liquor
during certain hours of the night.
IF the proprietor or employees re-
main. even tho the door be fastened,
how shall it be known that others are
not also there?
"If they may open the saloon 10 leave
they may do so to enter.
"If they can leave or enter together
they may do so separately and at all
hours of the night, and save for the
sale Of Intoxicating liquors the place
be open as effectually as tho being
open were not prohibited.
1.-THE law allows those engaged In.
the traffic seventeen hours of each day
to prosecute their business, and there
is no excuse for encroaching ON the re-
manning seven hours, in winding up the
business of the day or preparing for
the next.
IF such work is essential it may be
done earlier in the evening or later in
the morning, for it will be noted that
keeping open so late as 10 o'clock or
opening as early as o'clock is not
compulsory.
Regardless of this, however, the
statute in explicit terms has exacted
the conduct of this business in sin
gle room with but one entrance. the
view of the bar from the street unob-
structed, without chairs or other furni-
ture save back of the bar for employees
i'm fact, so kept as to be unsuited for
any other purpose. And in declaring
that it shall not be open during the
hours referred to, irrespective of the
purpose, the lawmakers intended that
the business conducted therein should
cease and the place be closed and not
be opened during the prohibited hours
save possibly In an emergency"