Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1906-05-16
PROPRIETOR MUST BE OUT AT TEN.
Saloon Keepers Cannot Even Enter Their
Place OF Business Between 1000
P. NJ. and 500 A. NJ.

Iowa saloonkeepers must not only
lock the doors of their saloons at 10
O'Clock at night, but must leave the
place and not enter them again till 8
O'Clock the next morning.
They cannot remain after 10 O'Clock
to count the cash or to clean up the
saloon; nor eau 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
seventeen hours between a. m. and
10 p. m. and there must be nothing
DOING during the seven other hours
OF the day.
This is the gist Of an opinion rem
dered by the supreme court last week,
in a case appealed from suit brought
in the Fayette county court by Atty.
E. r. Acres of this city for the anti
saloon league, in which Judge Hobson
ruled as above noted, and the supreme
court affirmed his decision.
Judge A. N. Hobson of Fayette dis
trict fined William Langelbach of
that county for violating an injunc-
tion which restrained him from re-
manning in his saloon to clean up
after closing hours. He appealed to
the supreme court. The court last
week, without dissenting vote, decid-
ed that the fine was properly levied.
In deciding the case the supreme
court through Justice Ladd, says:
The opening of the place after 10 p.
m. or before a. m. is prohibited as
absolutely as on Sunday.
The only difference is the place may
be open part of the first day of the
week
The meaning of open is the same
in both clauses and unless we are to
disregard the ruling of Rosenthal VS..
Hobson. the conclusion is inevitable
that if the place be open but for
moment no matter what the purpose,
the statute is violated and the bar to
pIOs 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 remain,
even through the door be fastened. how
shall it be known that others are not
also there?
Ii they may open the saloon to leave
they may do so to enter
III 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 though being
= open were not prohibited
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.
Ii 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 a single
room, with but one entrance, the view
OF the bar from the street unobstructed
with no chairs or other furniture
save back of the bar for employes-in
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
opened during the prohibited hours,
save possibly in an emergency.