Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-07-09
kANY SALOONS
NAY Be CLOSED
ATTORNEY GENERAL RYERs
GIVES SWEEPING OPINION i.
ON MOON LAW.
HARD JOLT TO SALOONS
IF BYERs is CORRECT
County Attorney Esermayer Says
Byers Has Sustained His Contentious
in Local Cases-SaIoonists' Attorney
Says Byers Doesn't know-Local
Cases Badly Muddled if He is Uphold

Cases Badly Muddled if He is Uphold
| A sweeping opinion by Attorney
General H. w. Byers, relative to the
| saloons of Iowa as affected by the new
Moon law was handed down Thurs
day, and as result there is stir
in saloon circles in many other Iowa
town.
| The attorney general holds that res
olutions of consent issued to saloonists
since April Is, when the Moon law,
limiting the number of saloons to one
for every 1000 population. was APP
proved by Governor Carroll, are alb
solutely void, and that those saloons
transferred since that date are now
operating in violation of law.
| AS there have been fifteen saloons
transferred within recent weeks in
Marshalltown, there is naturally much
concern among the saloonists, altho T.
F. Bradford, who represents the sa-
loon men. declares that the attorney
general does not know the law, and
that there could have been 500 saloons
transferred before the law went into
effect if it had been so desired and it
would not have been anybody's bust
ness.
Esermayer Claims Has Been Sustained
In the opinion of the attorney gen
eral County Attorney Egermayer
claims that he has been sustained in
every contention he has made in the
local cases.
The law referred to reads that coun-
ellis may renew resolutions of consent
to persons holding the same, or as
signees or grantees, unless said reso-
buttons of consent shall become mop
erative by reason of the person hold
ing the same violating any of the laws
of the state, either civil or criminal,
relating to the sale of Intoxicating
liquors. or by reason of a permanent
injunction issuing against such per-
SON for a violation of law, or by rea-
son of a civil or criminal action being
commenced or instituted against said
person for the violation of the laws
of the state relating to the sale of in
toxicating liquors.
The law further reads that when
| said persons surrender such resolutions
| of consent before said actions are
prosecuted to final judgment or a con-
viction, no new additional resolution
shall be granted to any person TO sell
intoxicating liquors as beverage at
retail. to a greater number than one
to every 1000 of the population of any
city or town, as shown by the last pre-
/ ceding state or national census.
In Marshaltown this would limit the
number of saloons to twelve. as the
last preceding state census gave Mar
4 shaltown a population of 12,045.
4 Five Have Not Been Transferred.
Assuming that the ruling of the at
torney general is sustained the law as
it would affect local conditions muddles
h the saloon business to a greater extent
than at any time since the recent pros
ecutions were begun. There are five
saloons in the city to date that have
not sought a transfer, so they must
necessarily be considered to be entitled
to run according to law unless some
permanent injunction against them is.
sue. These saloons are the two
Dieterich places, North Center anc
North First avenue. the Bernstein
North Center street place, F. w
Brewers saloon on East Main street
and the Des Moines Malt Company's
saloon at Third avenue and Nevada.
Actions Before Change Consent.
Before any resolutions of consent
were changed there We're twelve action:
begun locally by the state thru the
county attorney. They involved four.
teen saloons. three of Mrs. P. r. Gift.
ford, two Schulz & Wetzstein, two c
F. Dieterich, and one each belonging t.
H. S. McGoogan, A. G. Friedrich, Bern.
stein Bros. w II. Muelhaupt, San
Wehger. S. Bernstein, and W. e. Crink.
law.
With five Of the old saloons entitled
to operate the county attorney con.
tends that the first seven assignees O
the fifteen who were granted a RICH
by the city council to operate. wouli
be the ones entitled to run to make III
the limit of twelve, providing Their
were no legal barriers in the way.
Even Then There is Hitch.
But even then the first seven that
would make up the twelve may fine
that there is a hitch to their operating
under the law. The first seven as
signees granted a change Of consent
by the council were Charles Pfeiffer
in the Schultz & Wetstein North Cen.
ter street place; c. A. Bowman for An.
drew Bowman. East Main; Ray
Schoen1lut for A. G. Friedrich, Yves
Main: e. r. streeter, for H. s. NC.
Googan, North First avenue; e. Kuh
for Carl Steinmayer, South Center
James Ellis for E. e. Boomer, Pilgrim
bar; and Harry Vogel for A. Barry
Third avenue and Nevada.
In the Schulz & Wetzstein transfer
according to the county attorney, thu
firm had already paid the license fo
the North First avenue saloon, $3.50
and when Pfeiffer, as assignee, tool
charge, he paid the money over again
putting the county that much to thu
good. But the North First avenue sa
loon comes eighth in the list. TIL
North Center street saloon, the frs
consent changed. is now involved ii
litigation, but if there should be NJ
permanent injunction issue against tn
Center street place, or IL the owne
abates the nuisance by putting up
bond, Pfeiffer could open up the Cen
: ter street saloon.
Still Chance for Elimination.
In the many different saloon case
now pending there would appear t
I be still a chance for elimination in ev
! cry case but three. In the cases o
Streeter Van Buskirk, Ellis and voge
assignees, the transfers were from per