Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-07
PERPETUAL INJUNCTION WRlTs
AGAINST ILLEGAL SALES
ARE ISSUED.
LEGAL OPINIONS DIFFER
OVER THEIR EFFECTIVENESS
Judge Parker Signed the DEGREES Af.er
Being Assured by County Attorney
Egennayer That They Had Been Ap.
proved by Senator cosson-criminal
Gases Dismissed.


of the city, We're issued by Judge j.
NJ. Parker in the district court this
morning. The DEGREES. which are in
effect a settlement of these civil cases,
were drawn up and issued after an
agreement had been reached by County
Attorney j. H. Egermayer and c. H E
Boardman and F. E. Northup, and are
| in the nature of a compromise of the
cases County Attorney Egermayer
acted after having the sanction of SEN
ator Cosson, of the attorney generals
office, who was in the city Wednesday
night
The DEGREES were entered against the
three Clifford saloons. the one uptown,
the South Second avenue place, and
the South Third avenue bar, and
against the Lorenz LII saloon on South
Third avenue.
lniunctions Against individuals.
The DEGREES are against not only the
saloons themselves but also their
owners. and employees. which in the
various cases are as follows:
Clifford uptown saloon-John Kelly
P. E. Clifford, F. H. Clifford. Oscar
Fosse, Frank Edwards, Howard Loney,
/ and Charles Clifford.
1 Clifford South Third avenue saloon
Owen I, BARLEY, Frank Edwards.
! Howard Loney, George Hiser, P. e
Clifford and F. H Clifford.
Clifford South Second avenue saloon
! &C. Schmitz. Theo johnson. George
Hiser. P. E. Clifford and F. H. Clifford
/ Lorenz Ill saloon-W. H. Muelhaupt
and John E. Van Buskirk.
Wrangle Over Criminal Cases.
County Attorney Egermayer says
that there was verbal agreement en-
tered into between him and the attor-
neys representing the saloonists, that
in view of these DEGREES issuing, that
the criminal cases against all of those
connected with the saloons covered by
the DEGREES, resulting from indictments
charging nuisance, which were recent
ly returned by the grand jury. would be
dismissed by the county attorney when
the costs in these criminal cases were
paid by those indicted. This agreemen
was denied by the saloonists' attorneys
wrangled over this phase of the settle
ment in the district court this morn.
ing.
Indictments to Be Dismissed.
The agreement was finally reached
4 that Judge Parker should make the en-.
Try that the criminal cases be dismiss
ed when the costs We're paid. which
the saloonists attorneys agreed would
irl Sub ;cl
charged nuisance because of the al.
legged illegal sale of liquors, which were
dismissed were against P E. Clifford
F. H. Clifford. Oscar Fosse, Georg'
Hiser. owen T. BARLEY, in connection
raupt and John E. Van Buskirk, il
connection with the III saloon case.
Decree But Slightly Changed.
Altho the decree, which carries wit
1T a perpetual injunction against TIL
four saloons, which was issued thi
morning. differs very immateriall
from the one which Judge Parker re
fused to sign Wednesday. he attache
his signature today because of the as
surance given by County Attorne
Egermayer that it had been approve
$ by Senator Cosson who came here TO
Inat purpose la4t night.
t Insofar as it refers to a perpetual in
junction being granted against tn
Y property and those named in the de
! cree, it provides that they or, thei
1 agents, or any other persons are en-
2 Joined from carrying on or maintainin
a nuisance in the saloons described b
the selling, or keeping for sale intoxi
eating liquors, contrary to law. TIL
phrase, contrary to law" is the provi
sional clause in each provision of tn
injunction and legal opinions vary a
to the effect the meaning of this claus
will have on the enforcement of the in
\ functions.
Must Furnish Abatement Bond.
! In addition to taxing the costs in tn
injunction cases to the saloonists, tn
costs are made lien against the prop
erty and an abatement bond, guaran
eeing an abatement of the allege
nuisance, is required to be Furnished
Preceding the clause providing for a
abatement bond, the decree says. 1T
1 further ordered that an order of abate
ment may issue" There is a disagree
ment among attorneys as to the effee
tiveness of the word may" but Count
Attorney Egermayer says this clause
immaterial from the states standpoint
The abatement bond in the case
the uptown Clifford saloon is $4,000 ar
in the other three cases $1,000 each.
The Immediate erect OF the decree
! insofar as the operation of the saloor
) is concerned, is THAT the saloons WI
!. not be affected and will continue
operate as heretofore.
II Spring Surprise in Criminal Case.
Just before the criminal case again
F. H. Clifford, growing out of the IL
e dictment alleging nuisance, was GALE
n for trial late Wednesday afternoo
IL Chords attorney sprang surpri
lie on the county attorney by entering
Of plea in bar to further proceeding
Y, against his client by reason of a form
lie er adjudication in the case. which ".
= had in the court of Justice S. E. Pee
IN in connection with the case grown
1r out of the seizure of the Clifford sto'
re of liquor, and those of other saloons
xt search warrants Egermayer got out.
e After the seizure was made the cas-
a, were dismissed by Egermayer, who o
9, dered the liquor returned. This di
e. missal of the case, Boardman, WI
in was representing Clifford, claimed co
stituted prior adjudication of t
n, case, which was also criminal actic
and prevented Clifford from being tri
H. again on similar charge, it being 9
LEGGED in this connection that the saI
y. LIQUOR involved in the seizure was i