Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-05-21

T.
Test ConstitutionaIity of Muict Law.
Des Moines.-The question OF the
constitutionality of the mulct law IS
to be decided by the supreme court.
1t has been raised, directly, In case
at Waterloo. Dunshee & Dorm OF Des
Moines have charge of the case for the
temperance forces. ]. H. Campbell,
member of the prohibition party state
central committee will represent the
temperance forces, and the Common
wealth, the temperance newspaper at
Waterloo, has guaranteed financial
backing to complete the test Of the
law.
Decisions have recently been made
by Indiana judges to the effect that
laws temporizing with the liquor ira.
fic are unconstitutional because the
business is inherently illegal. The
theory of the decisions is that the leg.
islature cannot establish bar, by law
against prosecutions for crimes; it
would be as reasonable to impose a
bar to prosecutions for selling in
toxicants. Two decisions of this
character have been handed down in
Indiana, one by Judge Samuel R. Art.
man at Lebanon, Ind, Feb. 10, and
the other by Judge Ira w. Christian
at Noblesville, Ind, April 10.
In April, 1906. the w. c. T. U. OF
Black Hawk county instituted injunc.
ton proceedings against the Water
loo saloons, alleging them to be
| nuisances. One of the cases was
against M. and P. Jackman and their
bartenders. The case is still pending.
\ This is the case which the temper.
| ance forces, Mr. Campbell and the
| Commonwealth have selected to use
in testing the constitutionality of the
| mulct law.
The ordinary petition to enjoin a
nuisance was filed by the w. G. T. U.
| in this case. In their answer to the
petition the defendants admitted that
they sold liquor but pleaded the bar
provided by the mulct law against
prosecution under the prohibitory
law.
A demurrer to this answer ::iif
been filed by Dunshee & Dorm, which
raises the question of the constitu
tionality of the mnlct law. A promp
decision and quick appeal are eX
pected, the legal question, alone, being
involved
Anti-Smoke Law Vetoed.
Governor Cummins has vetoed thu
anti-smoke law. In view OF the pas
sage of an adequate ordinance by
the city council 1t was deemed moi
essential to have the general law OF
the statute books. The law was ex
tremely drastic in character. Ths
governor, discussing its drastic
/ terms, says that 1T will be admitted
by all unprejudiced observers that ;
large portion of the smoke which
polluting and poisoning the atmos
phere in the city of Des Moines coul'
be prevented by the use of well know
and practicable devices and by create
care on the part of fireman.
"If the bill before me had sufficien
hexibility SO that only those who ur
necessarily fill air with smoke woul
. incur the penalty of the measure
would unhestitatingly give it my az
prevail, but it positively declares tina
anyone who is responsible for tn
emission Of dense smoke into the al
is guilty of misdemeanor and may b
, fined not less than S25 nor more tina
300 for each day upon which the Of
tense is committed. Construed as tn
q bill must be construed by any cour
! 1t would make every householder O
owner of heating or power plant i
, The city of Des Moines a crimina
yearly every day in the year,
= Payment No Evidence Of Guilt.
: Effort to settle civil suit for dan
ages is not an evidence of guilt c
n criminal offense which may lie tn
q basis of the action for damages. l
J. effect that was the decision of tn
y supreme court in the case Of Jane
i Nugent, against whom Nellie Breme
/ brought suit for damages and agains
whom she began criminal proceed
lngs. In the course of the crimins
trial of prosecuting witness was a
lowed ito bring out the fact that N,
gent had offered a sum of money
dismiss the suit for damages. Thi
he did in the presence of his siste
!. and his attorney. This was pref,
h dicial to the young man and Ibecaus
:, the lower court permitted 1t he
= given a new trial by the suprem
y court. The supreme court declare
that an offer of compromise of tt
: civil suit was not in law or fat
2 tantamount to confession Of guilt
y Inquire About New Speed Law.
So many people from over the sta
/ are making Inquiries about the ne
speed law that the state board
railroad commissioners have found
necessary to have copies printed fl
z distribution when demand is mad
s the Office force being inadequate
}. make special reply in each instance
Independent Telephones Aided.
q Ioxro ;pdnpardoDf ~, =,