Omaha daily bee., 1909-09-17
Council Bluffs
NEW POINT IN LIQUOR LAW
Court Holds There Cen Be No Saloons
Outside Incorporated Towns.
APPARENT CONFLICT IN LAW
Colonel Beck, VINO f. Defendant "a
Intunction Proceedings, WiH
Take Csse TO the Supreme
Court.

In a decision handed down yesterday in
the district court Of Pottawattamie county,
Judge Woodruff held that a saloon In
which intoxicating liquor was sold could
not be conducted in the state Of Iowa
outside OF the limits Of an Incorporated
city or town. This lie said to be the first
time that this question has been ruled
upon and IN his decision Judge Woodruff
calls attention 70 the fact that this point
has never been decided By the supreme
court OF the state.
This question wa involved In proceedings
brought by n. c. r. Chambers. district
superintendent OF the Iowa Anti-saloou
league, against Colonel w. II. Beck. who
for many years has conducted a saloon
at Aanawa Chambers charged that Beck
was In contempt OF court In that he was
violating ~ Injunction issued some months
ago against him by continuing to sell In
toxicating liquors outside Of the limits Of
an Incorporated city or town.
Judge Woodrufrs ruling, II sustained by
the supreme court VIII result in putting
Manawa on the dry list and henceforth no
liquor can be sold legally within the en-
closure OF the resort or outside the grounds
Several years ago when Colonel Beck
opened his saloon at the lake, Manawa was
an incorporated town and Colonel Beck
was Its mayor. After a precarious exist
enoe as a town, the Incorporation was
finally dissolved.
The decision will affect other saloons in
Pottawattamie county similarly situated to
that conducted by Colonel Beck.
Text of Decision.
After briefly outlining the case against
Beck, Judge Woodruff in his decision
finds:
That defendant has complied with the re-
quireInents OF law, provided II In lawful
to sell Intoxicating liquors in a saloon
outside Of the limits OF an incorporated
city or town, and II II is not awful to sell
intoxicating liquors In such a place, he
has violated the injunction heretofore
granted and has violated the prohlbitory
The twenty-fifth general assembly in
chapter 81 provided for a method OF OBJ
tanning permission to sell, or rather pro-
Ing Intoxicating liquors within municipal
tiles and provided thai the tax snould be
oiyided between the county and the mum
lcipality wherein such business should be
conducted and section q OF said chapter
PROVIDED that for the purpose OF pro-
and its Inhabitants and Of preserving peace
and good order therein SUCH cities and
owns should nave the power to levy and
collect additional taxes and to Adopt rules
and ordinances for further controlling such
tIatfic. This law apparently had in mind
INC conducting Of such business within
A6N eAha NOhhE aAu An6IG
else, and no provision is made for con-
Quoting such business outside Of such mum
BY an amendment to such law Crwenty-
sixth Seneral assembly, chapter ~ Il is
provlded that u such business is carried
Of the tax should be paid INTO the town
ship treasury and IL is claimed that such
amendment either extends the grant OF
outside the cities and towns or else is an
hohlisslon that the former law intended
70 ana did grant such privileges.
ne lax is also found in the acts OF Inc
Ihlriy-tnird general assembly. chapter 40.
Ihls court Is of the opinion that not
~withstandins tho provisions OF law regard
ing The apportionment OF such tax. that
no provision OF law IL made for conduct
Incorporated city or town and therefore
the DEFENDANT Is in contempt OF court for
q Wolsnoh OF the Injunction hersintofore
mat no decision of the supreme court OF
lowe has ever been rendered upon the
recommendation Of the county Attorney
we lowest fine viii be imposed and ID Is
therefore ordered and adjudged that de-
the costs OF this action or proceeding, in
Guiding an attorney fee OF SIS and that he
be committed to the Jail OF Pottawattamie
and that his bond on appeal 10 the SUI
preme court be fixed at $1,000.
Case 20 BE Appealed.
Counsel for Colonel Beck win take the
case to the supreme court and Immediately
Following the courts ruling took steps
towards securing a writ of c~ertiorai from
that body. The Issuance of a writ Of
certiOrari will act to suspend the judg-
ment OF the lower court until such time
as the question involved is passed upon
by the supreme court.
II was Ehown during the hearing in the
raal that E1Fnnat n..N- - -
was Issued several months ago. had com
piled with the requirements Of the mulct
law and Judge Woodruff so states in his
decision and the only question involved
Is whether q saloon can be conducted
legally outside the limits Of an incorporated
city or town.