Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-09-06
INTERESTING POINT RAISED RE
eARDING ENFORCEMENT OF
SALOON STATUTE.
DAVENPORT BRINGS TEST
CASE IN DISTRICT COURT
Many Attorneys Are of Opinion That
Contention is correct-If So Next
Legislature Will Be Asked to Reme-
dy Defect-Davenport, Dubuque and
Other Cities Affected.
Special to Times-Republican.


Des Moines. Sept. 6.-Considerable
interest is being taken in the litigation
in Scott county to stop the operation
OF the Moon law in Davenport on the
claim that, being a special charter city,
it is exempt from the provision of the
law because the law does not spec:-
fically state that it applies to special
charter cities. If Davenport wins in
this contention then Dubuque and
some other cities will be in the same
position. Interest is being taken by at
torneys because they believe there is
quite a legal question involved and
considerable grounds for debate 1t is
recalled now by persons who were
about the legislature that representa-
tives of Davenport were about the leg
islature when the law passed and are
said to have made the claim that he
law would not hurt Davenport any.
AT the time it was supposed this re-
mark meant merely that Davenport
would pass permit resolutions before
the law took effect as it will be remem-
bered was tried.
The Moon law provides that the
number of saloons shall be limited 10
one to each 1000 population Original
~ it was attached to the mulct law mi
that law operates in special charter
cities as we'll as all others. This feature
seems to have been overlooked when
the law was made a special statute
There are able attorneys who are not
ready to admit that the law does not
apply in its present form to special
charter cities. When the mulct law
was enacted it was neglected to attach
paragraph making it so apply and
section of the code says that unless;
the law specifically says it shall apply
to special charter cities it can not af-
feet them. When this was discovered
the next legislature promptly amended
the mulct law and made it apply to
them Temperance people now say
! that if it is determined that the Moon
law does not apply to special charter
cities there is not the slightest doubt
but that the next legislature will make
I it so apply for they claim there is no
reason at all why cities like Dubuque
and Davenport should be exempt and
cities like Sioux City and Council!
Bluffs and Des Moines and MARSHALL
town should be held to the provision.
One of the lines of debate in the mat
ter viii be the claim that where he
law makes general provision affecting
! the people of the state the fact that a
i city IS a special charter city makes no
difference TO the law. 1t is admitted by
attorneys generally that where law
applies TO the action of city Officials
F. in the management of city a law
must specifically state that it applies to
special charter cities as we'll as 10 9TH
ers. BuE III Is claimed that in the Moon
Law especially as regards many of It's
provisions the application is to the
people generally and touches the we'll
fare of he public and on those grounds
it will be contended that it applies ~
special charter cities whether the ,aw
specifically so states Or not.
The state board Of control has ar
ranged with the Rock Island railroad
thru a conference held Saturday with
Carroll Wright the companys attorney
to put in switch from the Rock Is
land tracks to the state hospital at In
dependence The last legislature mad :
an appropriation for the switch and
for one also at Glenwood. The Glen
wood switch has not yet been arranged.
The state appropriation pays for me
grading and the right and the
railroad Will lay the ties and rails.
As soon as the institutions at indie
i pendence, Glenwood and Council Bluffs
have been provided with switches there
will remain only the Cherokee. Eldora
and Mt Pleasant institutions in mead
At present the state is under much
greater expense because the entire
Yearly supply of all kinds must be