Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-24
NCREAIESSIR|F[
Public at Kanawha Divided
Over Question of Another
Druggists Permit
EVEN THE CHURCHES SPLIT
EVEN THE CHURCHES SPLIT
Court Hearing Application Makes a
Ruling That Brings Criticism From
Temperance cranks - Not For a
Witness to Say Whether Conven-
ience or Necessity Demands Sale.
Special to Times Republican.

kanawha, Dec. 24.--Considerabla
feeling has been stirred up in this
community over developments attend
ing the application of l.. +. Greines, a
local druggist, for a permit to sell
Intoxicating liquors. When it became
known that such application had been
filed, remonstrance was circulated
and signed by the pastors and MEM
bers Of two of the four churches here,
those of the other two upholding the
cause Of the applicant. While one fac
ton believes that the welfare OF the
town would be promoted by the grant
ing of another permit the opponents ot
trary is true. At the hearing before
Judge Smith at Garner, on the 18TH
inst, witness was asked the question
of whether he thought the necessities
Of the community required the grant
ing of another permit, and the follow
ing statement Of the court delivered on
that occasion has excited q great deal
Of comment here:
ut Is not matter Of opinion OF
witnesses whether the reasonable
convenience or necessity demands 1t
or not. That is matter upon which
witnesses are not competent. That 5
q matter for the court to draw con-
illusions from facts. What is strictly
spoken of as opinion about the char
acter Of the applicant is admissible
within well known rules. That is to
say, where a witness is shown to have
actual knowledge Of the actual char
acter OF another, whether 1t be for one
quality or another, he may give testi-
mony in that regard, as Is commonly
observed in criminal trials where char
acter for peaceableness or the like
when desired. So that the qualities
which are involved In this case may
be stated as facts by witnesses who
know them.
"But so far as the necessities Of the
people are concerned and the general
conclusion of whether it is reasonable
to grant permit at particular place
those are general conclusions OF
mixed law and fact to be drawn by the
court AS I understand the law, tho
law 1ISelI likes WIldL Is ucCeSSIIy. 4$C-
cessity for Intoxicating liquors, as used
in the law, means a good faith demand
for particular purpose-for particular
purposes. In other words, where there
is an actual demand for intoxicating
liquor to be used for the purpose which
the law permits it to be used, there
exists a necessity. In short necessity
consists in lawful demand. Now
wherever there Is considerable VOL
ume Of lawful demand there exists the
convenience Of the persons who have
that demand. In other words and In
short, necessity consists in lawful de-
mand. The convenience refers to the
convenience of those persons who have
lawful demand, not to the convenience
Of the applicant but to the conven-
fence Of those persons who have the
necessity or lawful demand. Well now
If this be true, of course it follows
necessarily that these things are not
matters of opinion for witnesses but
they are conclusions Of law and fact
for the court"