Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-16
SALOON DEGREE IS
PLACED UNDER FIRE.
SALooNiSTS, CHARGED WITH
CONTEMPT. ARE BROUGHT
INTO COURT.
HEARING is BASED ON
VALIDITY OF DECREE
Saloonists Alege That State Promised
Immunity From Criminal Procedure
if Injunction DEGREES Were Agreed
to BY Them Case Against John
Kelley First to Be Taken UP.

The local saloon cases. which began
With proceedings for injunctions and
were followed by indictments, which
subsequently resulted in permanent in
functions being issued against four
places, finally came to hearing in the
district court, this morning. based on
the validity Of the injunction DEGREES
issued last week. to the issuance OF
which the attorneys for the saloonist IS
involved agreed
The question involved is whether or
not the contempt proceedings are valid.
and whether those cited for contempt
can be declared TO be in contempt Of
court under the injunction The state
contends that they can. while the de-
tense is holding that, for the purpose of
contempt, the injunction is INADEQUATE.
Up TO noon today there was little
indication that the questions involved
would be finally submitted 10 Judge
Parker and his decision rendered be-
fore late this afternoon or perhaps at
an extra session this evening.
File Motion for Abatement.
Prepared for dilatory tactics. which
the state believed the saloonists at
torneys might employ. and also TO COM
pat an effort to secure a continuance
County Attorney Egermaver, late Fri
day afternoon. filed motion for the
abatement of the nuisances represented
by the saloons. This motion the state
was prepared to insist should be sus-
tanned. but it proved unnecessary. as
the issues in the cases were taken up
shortly after court opened
Claims No Jurisdiction.
Inc contempt proceedings were
opened by + E. Northup. who. with c.
Fl. E Boardman. is defending the ,a-
lconists, filing objections of his clients
TO the jurisdiction OF the court. ii be-
ing alleged that under the nature and
wording % the decree the court had no
jurisdiction in the contempt proceed
ings.
Ii was on these objec ions that the
opening arguments of Northup and
l5oardman We're made. altho in doing
50 the main issues of the case were
necessarily touched upon.
Alleging that The decree had been Sc
l'irad bE County Attorney Egermayer
b., a misrepresentation Of what il was
Intended far Mr. Tor,,,,,, y, ++e
course ~ ,7is ars,,n,Arr s.id tho. poa,..
MAYER had told Thorn tba, If ,heI- ,be
saloonists. at,orra,.s aersad 70 co,,
rromise on tho injunction decree that
the state did not want 10 close the sa
looms. and thai ;hev would never a IL
for thu abatement Of the places nj.
contention was that no contenpt nro-
eeetliass could hold. when the agree
mant. according TO him. was that the
Injunction was nor secured for t,ai
purAose.
AlIeoe Decree Was Invalid
Among other claims ii was alleged II,
d. o, -ec+t6r1. nat +be 3ecraa vas NJ.
valid. and that ii contained no finding
ina, nuisance had axistad .,1 Tho,
rh, discharge from unlar ,bs indier.
aea,s was a bar "a Subsequent Grim
inal proceedings ~ nuisance II wa.
asa -. mn fbat no dAcrAe vas rnt
10 compel he defenderrs 10 obev f..
specific arms h,1t ~ render the,r
ot5dient "a The law Itself II was ais,
contanaea -ha- the saloon men oo1,,l
MOI he h.ld for Violating Tho +ern,s nj
ha 7a.raa ,nrii sIl, ,.iola,ion hoo
been derern,jned sv ne conrt
Mr. Norfhtn, argued mar ,hara he.
ing M deere againe+ he nlaca--it wa.
,he case sgains- Tohn kelley of +bt
uptown clifford saloon which was fr 4