Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-05-15
Mulct Law to be Contested.

Waterloo Reporter: Claiming
that the mulct law of Iowa is .un-
constitutional, the temperance peo-
pie of the city will make test case
in the action entitled Fl. G.. Beeman
We Jackman Bros, to abate q nui-
fsance. The case was, filed for res'
cord in Blackhawk county when the
wave of reform struck the city head
ed by ]. B. Hammond, and the pc
ton was drawn up and filed under
instruction of the temperance peo-
pie by Attorneys Baker & Baker of
Centeryille. Since then Dunshee
& Dorm of Des Moines have entered
upon the scene and in a demurrer
to the answer filed by jackson Bros,
through their attorney, w. N. Bird
sail, have attacked the constitution
ality of the state law, and the pur-
pose now is to make the case test
on which the future Of the sales of
intoxicating liquors in the state
must depend.
The answer of defendants denied
all material allegations of the peti-
ton of plaintiff, and claimed that
they were not maintaining NUS
ance by conducting a saloon on
Commercial street. where intoxica-
ting liquors were sold as beverage
and drank on the premises. They
claimed that the signatures of the
people owing property within Civ
en- distance had been secured, that
the law of the state and the resolu-
ton of the city council were COM
piled with in every particular, and
that the institution was being con-
Quoted as legitimate business le-
galized under the requirements of
the law as expressed in Section 244S
of the CoGe. This section of the
Code gives the full requirements re-
garding the signatures of property
owners, resolution of city council,
action Of supervisors and the man
ner in which the business shall be
conducted.
The demurrer filed by Attorney
Dunshee claims that the answer is
insufficient in that it does not make
proper defense of the action in
question, which is the abatement of
nuisance. Z Particularizing, the
plaintiff claims that the sale Of in
toxicating liquor at retail to be
drunk as beverage on the premises
is destructive of public morals, of
public health and of public safety,
tends to idleness and promotion Of
evil manners and is therefore inher-
emily immoral and unlawful, con-
trary to the first great principles Of
the social compact which lies at the
foundation Of every civilized govern
ment and cannot be licensed under
the constitution of the state of Iowa
or the United States.
| The plaintiff also claims that the
maintenance of the place for the sale
of Intoxicating liquors to be drank
as a beverage on the premises is de.
structive Of public morals, health
and safety, having a tendancy to in,
duce the crime Of idleness and the
promotion Of evil. On these grounds
it is proclaimed unconstitutional
inherently immoral, and existing
without constitutional right for the
reason that the legislature of the
state has no such power as to pass
laws to legalize by license publ,
nuisance. Section 244S of the Cod,
is claimed unconstitutional for tn,
reason that it conflicts with th,
} spirit and purpose of the .constitu
, ton Of the state of Iowa and Unitet
> States, under which all just govern
ments derive their power. 1t i
claimed an attempt to legalize
t public nuisance.
. The section of the code referre,
to has been passed on by the court