Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-01-14
ANT. &ALOON|SIS WIN
Gain Decided Yictoryin Iowa SUI
preme Court in Suit Against
Judge Brennan
REFUSED TO IMPOSE PENALTY
Polk County District Judge Failed to
Fine Druggist Who Violated Law
High. Court Refuses to InvaIidate
verdicts Where Juries Are Improp-
erIy Drawn. -.
,pecial to rtmes-Kepuoiiean.

Special to Times Republican.
Dies Moines, Jan. 14.-Anti saloon
league people won a decided victory at
the hands of the supreme court yes
terday in certiorari proceedings COM
menced by w. C. Barber, state super
intendent Of the league, against Judge
Hugh Brennan of the Polk county dis
trict court, because the judge did not
impose the penalty for violating a liq-
uor injunction upon ex-sheriff J. 9.
Lopez, of Des Moines.
Mr.. Lopez is owner Of a drug store.
The anti-saloor league secured a large
number Of injunctions restraining drug
store. owners from violating the law
governing the method by which they
shall sell liquor. These injunctions
were granted. Later Lopez with others
was demanded cited to appear to show
cause why he should not be punished
for contempt The anti-saloon league
showed undeniable proof that Mr..
Lopez had not lived up to the letter
of the law. But Judge Brennan imposed
no penalty on the then sheriff. The
certiorari proceedings were instituted
and the supreme court in its opinion
says that in such a manner where the
proof is undenied the court Of the dis
trict court has no discretion in the
matter but must attach the penalty.
The case was, accordingly remanded to
Judge Brennan with instructions to
dispose of along the lines laid down by
the supreme court.
4 Legality and constitutionality of ths
special grand jury law passed by the
Thirty second general assembly has
been decided by the supreme court N
affirming the case Of state Of Iowa VS..
Bert Pell, appellant from Marshall
county. wherein the defendant WIS
sentenced to twenty-five years for
murder in the second degree
It will be remembered that in Mar
shall county as we'll as in Polk and 9th
,er counties, judges of the district court
discharged the grand jury venire be-
cause, Irregularities in the methods OF
selecting them by the election Judges
We're disclosed. This left the counties
without method to get grand juries.
The Thirty second general assembly
passed law providing that in such
emergencies list should be made up
by the supervisors from the poll books.
This passed and it was employed in
Marshall county in this particular case.
The defendant appealed on the ground
he was not given legal trial on ac-
count of the manner the jurors Wee
selected The supreme court says the
is not we'll taken and affirms
the decision of the lower court.
Had the supreme court of Iowa been
given to vulgarisms 1t might have
summed up one case less eloquent'y
than it did by saying Nothing and
nothin leaves nothin.' 1t is in the ap-
peal Of Elias Doty, of Cedar Rapids,
from the decision of the lower court in
favor of the city. Doty owns little
shack on the river front and has tried
to maintain that he owns the strip OF
land. The city. however, sold it to a
railroad and 1ooty was showed almost
into the river. The Doty appeal is dis
missed by the, court with the follow
ing sentence:
This is an action which belongs 70
no class The petition prays for unde-
fined relief which restraints no relation
to its allegations. A brief and succinct
statement OF. the petition would neces-
sarily be uni1ptelligible."