Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-06-25
MONROE DR0UTH.
CASE GOES TO
SUPREME
COURT
Speaker Kendall Presents an
Appeal to Supreme Court
Asking That Judge Rob-
crts' Decision Clos
ing Saloons at
Abba be Set
Aside

Des Moines, June 24.--Application
was made before Judge Charles A.
Bishop OF the supreme court this morn
Ing for an order suspending the ordel
OF Judge Roberts, which closed thu
Abba saloons recently.
1 Speaker NJ d. Kendall presented tho
application. 1t was resisted by Gen. A.
]. Baker Of Centerville, who repres.
ents the interests which secured thu
in1unctions before Judge Roberts few
weeks ago.
The saloons in Abba are now closed.
There were a dozen Of them. more OF
less. On Sept. 30 1906, there were
seven and the tax levied on them
for the year was $1,000 each, Of which
1900 was collected.
The petition of consent for the sa.
looms was filed with the board Of
supervisors Of Monroe county July rs.
1905. 1t was attacked before the board
by General Baker and John A. Price
representing j. 8. Moon, wealthy ress
ident and business man of Abba, who
Is proceeding In the matter for him.
selI and not for an anti-saloon league.
me board declared the petition sui.
nclent and appeal was taken to tha
courts. Judge Roberts held the peti.
tlon insufficient and an appeal Is now
Delng taken, coupled with a petition
lor suspension Of his order pending
decision Of the appeal.
beIore the board of supervisors II
was question OF whether the names
OF 2b6 persons should be included or
not, on the petition, .affldavits being
MED that they had moved away from
the town between the time the petf.
tlon was signed and the time 1t was
canvassed. Sensational incidents &C.
compan1ed the canvass of the petition.
1t lasted several days. On the after
noon of the third day the afldaytts
concerning the 258 having removed
We're filed. General Baker was denied
access to them.
Baker Scores Coup.
When they got into the hands OF one
the members Of the board. however,
General Baker requested him to nand
them over. which was done and then
the former head of the legal depart
ment Of the state set his son to COPY
Ing the list, which he declined to sur.
render to the enraged supervisors un.
til he had finished 1t.
The board adjourned to meet for &C.
ton at 8 o'clock the next morning,
General Baker got there three min
utes after 8 o'clock and when he walk.
ed In the majority Of the board was
just signing a resolution declaring the
petition sufficient and insisted on thid
action despite vigorous protests.
1t was the contention of General
Baker that the claim that the 256 had
removed from Abba was false. When
he was copying the list school teach.
er stood at his elbow, and saw his own
name among those that the saloon
men claimed had left town. General
Baker got ten or a dozen affidavits In
contravention of the claim that 258
Of the signers had left the town or
county.
But, legally 1t is the contention o9
those who are fighting the saloons that
the residence Of the signers at the
time of the signature Of the petition ia
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.
II the ass are included 65 per cent
requires a larger number of signers
than If 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 143 shy Of the IS per cent.
&