Omaha daily bee., 1909-07-24
BYERS ON The MOON Law
Attorney General of Iowa Gives
Written Opinion of Statute.
CRITICISM SHARPLY RESENTED
Analysis of Act, He Says, shows
Clearly that Limit Intended by
Legislature IL April Fiji
teen.


shows his teeth In several places ana
suggests to the newspapers and others
who nave criticised his informally an
nounced opinion of some days ago that
he must depend upon the opinion Of the
judges of the supreme court and the
writer's of text books upon statutory
construction to guide him in his decis-
ion.
He begins by saying he gives out the
opinion because II was asked for both
by saloonkeepers and county attorneys,
representing, in a way, both sides Of the
controversy and in the hope Of being
able to state the case clearly that hold
ers of illegal permits surrender them
voluntarily and not necessttate prosecu-
tion in court. At the close he shows his
teeth again by saying that until the
courts hold to the contrary, his depart
ment will proceed upon the theory that
saloon permits given after April is are
illegal where they exceed the population
limitations.
General Byers states that had the
sponsor OF the kill in the legislature
said IL was the intention to allow city
councils to grant all the permits they
wished after April IS, the bill would have
"been thrown out of the window" but
that the amendment was clearly to pre-
vent any hardships where the number al
ready exceeded the limitations. He says
to hold otherwise would make the act a
mere trick and give it an absurd and
ridiculous effect.
He quotes from one decision as follows:
TT is a canon of construction of a reme-
dial statute that three things are to be
considered, the old law, the mischief and
the remedy, that is, how the law stood
| at the making Of the act what tho mis-
chief was for which the law did not
provide and what remedy for this mis-
chief has been provided. And 1t is the
business of the courts so to construe the
act as to suppress the mischief and ad-
vance the remedy"
He further quotes to the effect that
an Interpretation that would lead to con-
sequences mischievous and absurd is in
admissible If the statute is susceptible
of any other Interpretation. He quotes
farther from the statutes, that laws regu-
lating liquOG business must be construed
by courts and jurors so as to prevent
evasion.
AS an answer to the argument that II
the Legislature had meant April 10 it
could have said so, he says that If the
legislature had meant July it could
have said so instead of using the word
now"
One Of the strongest points, in the opln-
ion Of Attorney General Byers is the con-
tention that many of the permits granted
by city councils after April 10 were granted
not with the idea that the recipients would
at once open saloons. Those receiving the
permits have not taken out any government
licenses and have made no move to open
saloons, but are carrying the permits
,.,,,.I a., 4Aat. aztzA. -
tends to show that the permits were
granted them for the express purpose Of
evading the law so that later on, II they
wanted to open a saloon and the number
already existing in the city was more than
one to each 1000 of the population, they
could draw out their permits and open a
saloon.
He argues that the clear intent of the
legislature was that in every city where
the number of saloons was ION April Is,
when the law was signed by the governor)
more than one to each 1000 people the city
council should not be required to reduce
the number, as this would raise the ques-
ton in the city councils of how to de-
termine which saloon should be forced out
OF business. He points out that the law,
as originally introduced, provided that
| aver us pdSSobO ~ wy ON
grant to exceed one resolution Of consent
for each 1000 population.
The opinion then reads: TT was at
once suggested that such a law would
be unjust and unreasonable in its opera
ton, for the reason that practically every
city and town in the state where the
muIct tax was in operation had at that
time more tina one saloon for each 1,0OC
of the population. and 1t would be an un-
lust discrimination to require the council
to withdraw and cancel the consent from
one man or set of men and allow Others
to run, and the difficulties on the part OF
the city council in determining which OF
the numerous saloons should go out OF
business was also suggested. To meet
these objections the Legislature under
took to write an exemption and exception
clause, ~exempting from the operation OF
the law all persons who were then OPP.
Grating saloons in compliance with the
mulct tax law, and authorizing the coun.
ellis of the several cities and towns Of the
state to renew and extend all such out.
standing resolutions of consent"
He points out that to allow city councils
to grant resolutions of consent to oper
saloons without Limitation after the pas.
sage of the law and then permit the coun.
CHS 10 Keep tAlcnulnB THESE permits III
definitely from time to time would defeat
the entire purpose of the bill and make
it null and void in effect and ridiculous
and absurd In the extreme. The excep.
ton and exemption was In an amendment
to the original bill.
Search for BiRhmIAt.
A rigid search is being made in De
Molnes for Monroe L. Duffy of South De
Moines, whose real name is said to b
Brennan. on a charge of bigamy that rival
anything yet heard of. His perfldy cam
out In Dubuque, when he married and de
serted Mrs. Minnie l.. Smith after securing
{ her property. It has since been discoveTe
that he has married and deserted wOmel
5 In nearly every state in the union. He go
! acquainted with her at a summer resoT
[ and learned that she had been awarde
a divorce and alimony and considerable
, property. He decided her 200 acres of Ian.
3 in California, which he did not own, an
/ she sold her fine Dubuque home and turneI
the 1850 over to him, When he disap
$ peared she intercepted a letter from
Mrs, Dean OF Maryville, Mo, whom n
was arranging to marry. Chicago polio
found in the room he had occupied Il
Chicago a letter from an Ohio widow
Arranging a MARRIAGE and letters hayl