The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1907-06-27
WOULD REOPEN
SALOONS IN ALBA
APPEAL is MADE TO IOWA su-
PREME COURT TO-DAY.
QUESTION is OVER PETITION.
Its Validity the lssue---saIoons Were
In Operation Last September and
$4,000 Collected From
Them.

Des Moines, June "a. - Application
was made before Judge Charles A.
Bishop of the supreme court this
morning for an order suspendi1g the
order of Judge Roberts which closed
the Abba saloons recently.
The saloons in Abba are now closed.
There were dozen of them, more or
less. On Sept. 80, 1906, there were
seven and the tax levied on them for
the year was 1880 each, of which 49,
900 was collected.
The petition of consent for the sa.
looms was filed with the board Of SUI
pervisors Of Monroe county July 25,
1905. 1t was attacked before the board
by General Baker and John l.. Price,
representing ]. s. Moon, a wealthy res
ident and business man of Abba, VINO
is proceeding IN the matter for HIM
self and not for an anti-saloon league.
The board declared the petition sufii-
cient and appeal was taken to the
courts. Judge Roberts held the petit
ton insufficient and an appeal il now
being taken, coupled with a petition
for suspension of his order pending
decision of the appeal.
Before the board OF supervisors it
was question of whether the names
of 256 persons should be included or
not, on the petition, affidavits being
filed that they had moved away from
the town between the time the petition
was signed and the time it was can
vassed. Sensational incidents accom-
panied the canvass of the petition. 1t
lasted several days. On the afternoon
of the third day the affidayits concern
ing the 256 having removed were filed.
General Baker was denied access to
them.
When they got into the hands OF
one of the members Of the board, how
ever, General Baker requested him to
hand them over, which was done. and
then the former head of the legal de-
partment of the state set mis- son to
copying the list, which he declined to
surrender to the enraged supervisors
until he had finished it.
The board adjourned to meet for ac-
ton at s O'Clock the next morning.
General Baker got there three minutes
after s o'clock and when he walked in
the majority of the board was just
signing a resolution declaring the pc
titlon sufficient and insisted on this
action despite vigorous protests.
1t was the conteltion of General
Baker that the claim that the 256 had
removed from Abba was false. When
he was copying the list school teach
err stood at his elbow, and saw his
own name among those that the sa-
loon men claimed had left town. GEN
eral Baker got ten or dozen affidavits
in contravention of the claim that 256
of the signers had left the town or
county.
But, legally, it Is the contention OF
those who are fighting the saloons that
the residence of the signers at the
time of the signature of the petition is
the criterion. The poll book deter
mines their residence for the purpose
of the petition. This is the point that
will be presented to the court in sup
port of the decision of Judge Roberts.
If the 256 are included S. per cent
requires a larger number of signers
than il they are excluded. The SUPER
visors excluded them and held the pc
tition to have 81 majority; Judge Rob
| erts included them and held that the
petition was 14S shy of the 65 per cent.