The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-01
THE MOON LAW.
Lawyers Study New Statute and Say
it is Not as Drastic as

il is Not as Drastic as
Pictured.
Des Moines Register and Leader:
Scores of letters from Iowa saloon
men and attorneys asking for copies OF
the Moon law have been received py
Secretary of State Hayward and the
temperance measure is stirring up an +
immense amount OF discussion among
liquor dealers.
Lawyers who have examined the law
declare that saloon men are mistaken
in thinking that the law requires the
city council to revoke license as
soon as civil or criminal suit has
been commenced against saloon.
THE anti-saloon league could begin |
action against every saloon In the
city and force them all to close up
whether they had violated the law or
not" has been the complaint OF the
liquor sellers. The clause in the law
that has given this impression reads
as follows:
Resolutions may be renewed unless
by reason of civil or criminal action
being commenced or instituted against
said person for the violation of any OF
the laws of the state relating to the
sale or disposition of intoxicating
liquors, and said persons surrendering
such resolution OF consent before said
action is prosecuted to final judgment
or a conviction had In the court IN
which the case was instituted"
According to lawyers who have stud
led the law this means that the COM
mencement of suit shall act as a bar.
to renewing the license only when
the defendant voluntarily surrenders
his resolution of consent before convic-
ton or final judgment.
The Moon law in full follows:
Section 1. From and after the pas
sage of this act, no city or town coun-
Gil shall, by resolution, grant consent
to sell intoxicating liquors as bev-
erage at retail to a greater number OF
4 persons than one to every one thou.
sand, of the population of said city
or town as shown by the last preced-
ing state or national census; provided,
however, that in towns where the law
has been otherwise complied with, the
town council of any incorporated town
of one thousand population or less,
may by resolution grant consent t. one
person to sell intoxicating liquors as
beverage in such town.
Sec. g In all cities and towns where
greater number OF persons than are
provided in section one az hereof,
now hold resolutions of consent to sell
intoxicating liquors at retail, it shall
, not be mandatory under the provisions
, of this act for city or town councils to
, cancel or withdraw sufficient num-
! Der of such resolutions of consent to
!. comply with the provisions Of section
, one "a hereof, and such resolutions
y Of consent may be renewed by city
!. and town councils to the person OF
i persons holding the same or their as
4 signees or grantees, unless said resolu
!. tons of consent shall become inopera
f tive by reason Of the person holding
Il the same violating any of the laws
!. Of the state, either civil or criminal
il relating to the sale or disposition O
s intoxicating liquors, or by reason o
d a permanent injunction issuing agains
g such person for violation Of law, o
v by reason of civil or criminal actor
e being commenced or instituted agains
e said person for the violation of any o
s the laws of the state relative to tn
h sale or disposition of Intoxicating lie
e uors, and said persons surrenderinI
y such resolution of consent before sal
n action is prosecuted to final judgmen
Is which the same was instituted or b
r reason of the city or town counc
m withdrawing such resolution of cor
In sent for cause in which event, no ne,
is additional resolution shall be granite
)e to any person to sell intoxicating Ii,
at uors as beverage at retail except |
Or accordance with the provisions of thl
as act.
u Sec. 8. No person who shall /
a hereafter convicted of violating ii
IS. laws of this state relating to the sa
e. of Intoxicating liquors, or shall be pc
We manently enjoined by any court of tll
ne state for such violation, shall be De
mitted to- sell intoxicating liquors
this state within five go years fro
the date OF such conviction or injun
90 ton, and no resolution of consent
to- permit shall be granted such perst
of within said period
Sac No resolution of Conce