Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1909-05-19
THE MOON BILL.
Really Is. Many DO Not I'm
derstand Its Provisions.

What effect the recently passed
| Moon bill restricting the number of
| saloons to one for every one thou
sand population may have on the
| liquor traffic has been a matter of
considerable discussion both in and
out of saloon circles. A reading of
the complete text of the bill may
clear up some of the questions, and
We give the measure herewith:
Section L. From and after the
| passage of this act, no city or town
council shall, by resolution, grant
consent to sell intoxicating liquors
as a beverage at retail to a greater
| number of persons than one to every
thousand, of the population of said
| city or town as shown by the last
preceding state or national census;
provided, however, that in towns
where the law has been otherwise
complied with, the town council Of
any incorporated town of one thou
sand population or less, may by reso-
| luton grant consent to one person
to sell intoxicating liquors as bev-
| erage in such town.
Sec. 2. In all cities and towns
| where a greater number of persons
are provided in section one CD
! hereof. now hold resolutions of con-
sent to sell intoxicating liquors at
retail, it shall not be mandatory un-
der the provisions of this act for city
or town councils to cancel or with
draw sufficient number of such
resolutions of consent to comply with
the provisions of section one Cd
| thereof, and such resolutions of con-
sent may be renewed by city and
town councils to the persons holding
| the same or their assignees or gran
tees, unless said resolutions of con-
sent shall become in-operative by
reason of the person holding same
violating any of the laws of the state,
either civil or criminal, relating to
the sale or disposition of intoXicat-
ing liquors or by reason of a perma-
nent injunction issuing against such
person for a violation of law, or by
| reason of civil or criminal action
being commenced or instituted
against said person for the violation
of the laws of the state relative to
the sale or disposition of intoxicat-
ing liquors and said persons sur
rendering such resolutions of con-
sent before said action is prosecut-
had in the court in which the same
was instituted or by reason of the
city or town council Withdrawing.
such resolution of consent for cause.
in which event no new additional
resolution shall be granted to any
person to sell intoxicating liquors as
a beverage at retail except in ac-
cordauce with the provisions of
this act.
| Sec. 3. No person who shall be
hereafter convicted of violating the
laws of this state relating to the sale
of intoxicating liquors, or shall be-
permanently enjoined by any court
of this state for such violation, shall
be permitted to sell intoxicating
| liquors in this state within five CD
years from the date of such convic-
| ton or Injunction, and no resolution
| of consent or permit shall be grant
ed such person within said period.
Sec A. No resolution of consent
granted by any city or town council
| in violation of the provisions of this
act, shall be valid or of any force or
| effect, or operate as bar against
any of the penalties provided in
chapter 8, Title XII of the Code, the
| W 1OOS, IJOly anu
amendments thereto and supplement-
airy thereof, but nothing in this act
| shall operate to extend any consent
now or hereafter granted beyond the
| time at which consent shall expire,
as by law provided.
Sec. ). All acts and parts of acts,
in so far as they are in conflict with
| this act, are hereby repealed.
The contention is made by the SAL
oon interests that under the provi-
sions of the law every saloon in the
state can be wiped out merely by q
! suit for violation of the mulct law,
such suit acting as notification of
the resolution of consent. The Des
Moines Register and Leader in COM
| menting on this feature says that
lawyers who have studied the law
| are of the opinion that this is not
correct contention. In case the
| resolution of consent is voluntarily
surrendered the law will become
operative, but if not so surrendered
the law will not become applicable
until final adjudication and con-
viction is reached.