Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-08-20

New Point In Saloon Suits.
Des Moines.-A novel and curious
law point is involved in the certiorari
proceedings in connection with the
Dubuque saloon cases, and will take
the attention of the entire supreme
court.
Injunction cases were brought
against 125 Dubuque saloons, and an
agreed decree was entered by Judge
| Robert Benson. j. E. Edwards of
Dubuque seeks to have the action of
Judge Benson reviewed by the su.
preme court, and applied for the
| writ of certiorari.
It Is the rule that none but the
original parties to an action may ap-
pear in certiorari proceedings. In the
dubuque case John ]. Keane and the
| saloon keepers were the only parties
to the injunction suits. Neither is
| making the application for the writ
on Judge Benson, under which his
decree in their case would be reviewed
by the supreme court.
This, then, is the new and curious
question: Was the proceeding of a
character on behalf of the whole pub
lie, which entities other citizens than
Bishop Keane and the saloon men to
ask the supreme court to review the
action of the trial court?
This question will have to be dispos.
ed of by the supreme court at its
September sitting before the Du-
buque saloon cases are opened up.
Judge Bishop. before whom the appli-
cation was made, passed it over to
the full court because of its novel and
important character.
Former Attorney General A. j.
Baker appeared for Mr. Edwards,
claiming that any citizen has right
IN these cases, which were brought
"on behalf of the citizens" to apply
Tor the writ reviewing the action
OF the district court. The saloon
men will resist the writ on the ground
that no one can apply for it except
parties to the original action. The de-
cree having been agreed upon by the
attorneys for the plaintiff, John ].
Keane, and the attorneys for the sa-
loon keepers, both parties are estop-
ped from making the application for
review. Unless, therefore, the Ed
wards-Baker appearance can be main.
tanned, the Dubuque incident is closed
80 far as the 1875 suits alluded to are
concerned
While the Dubuque cases were
brought in the name of John J.
keane, they actually were prosecuted
by John 7. Houser, attorney for the
Iowa Anti-Saloon league, and R. F.
Drewry. Lyon & Lyon were the at
torneys for the saloon keepers. The
suits were brought May Z of this
year, and Judge Benson entered de-
cree July 1.
Complaint of this decree is made
by Mr.. Edwards in the effort to re.
open the cases by certiorari.
The supreme court has held that a
saloon keeper or druggist who sells
intoxicating liquor must know whether
ne is selling to minor or to a
drunkard, two classes of people to
whom 1t is forbidden to sell liquor.
Ignorance Of the fact is not a de-
tense against prosecution, under the
law. as construed by the supreme
court. The decree of Judge Benson,
however, is claimed by Messrs. Ed
wards and Baker to enjoin the saloon
Keepers from selling liquor to minors
and drunkards when they are known
by the seller to belong to those
classes.
The law provides for but one en-
trance and exit to saloons. Under the
Benson decree it is claimed that the
Dubuque saloons are enjoined from
allowing patrons ia use all but one
entrance.
The saloons are enjoined from being
open on election days and Christmas.
but other holidays are not included In
the Injunction, it is alleged.
1t is the custom of district Judges.
1t is said, to enter DEGREES on which
litigants agree, without special inspec.
ton of them.
Governor Host to President.
Mayor w. E. Strimback and Alder.
man o. A. Talbot and A. J. McCor-
mick of Keokuk visited Des Motnes
and arranged for Governor Cummins'
attendance in their city Oct. 1, on the
occasion of the visit of President
Roosevelt and the members of the
rivers and harbors committee of con-
gress. Governor Cummins accepted
their invitation and he will also act as
host for Iowa to the president and his
party and to the many other gov
ernors of western states who have
said they will be there.
I'VE expect to make this more than
a local day." said Mayor Strimback.
we plan to make it an Iowa day and
we want the attendance of as many
lowans as can come. We hone to
have special rates for the occasion
and excursion trains,H
The president will arrive in Keokuk
On the morning of October L, meet
Ing there the members of the con.
gressional party and joining them on
their trip of inspection down the Mis-
sissippi river. 1t is expected that
some Of the governors and other offic.
falls will accompany the presidents
boat on other boats, making an i'm.
posing fleet for the trip.
May Delay Schools Opening.
Although Judge Miller OF the dis
trict court has sustained the consoli.
dation of the independent school dis.
tricts of Des Mones there is some
doubt as to whether the schools will
open at the regular time, because the
attorneys for the opposition have an.
nounced that they will appeal the
case to the supreme court, and the
directors of the West Des Moines and
consolidated district board of educa-
ton say they hesitate to prepare for
the September term until the higher
court has settled the legality of the
merger.
Wright Sustained by creameries.
| State Dairy and Food Commissioner