Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-23
CONTEMPT CASE IS
STOPPED By COURT
WRIT FROM SUPREME COURT
TIES UP PROCEEDINGS IN
KELLEY CASE.
ISSUED ON APPLICATION
OF THE PROPERTY OWNER
Writ Of certiorari Will Carry the De-
cree, Issued by Judge Parker, to the
Higher Court to Be Revewed-Trial
Court Can Take No Further Action
Until Supreme Court Acts.

BY the issuance of writ of GER
tiorari from the Iowa supreme court
this morning a stop, temporary. at
least, was put to the states contempt
proceedings against John Kelley, of the
Clifford uptown saloon. This writ has
the effect of stopping further proceed
ings in the trial of the case until the
supreme court can pass on the in
junction decree, which Judge Parker
issued against the Clifford saloon and
its employees.
1t is not likely that the supreme
court Will reach the case to take UP the
decree before the January term, altho
1t is possible that the state may sue
coed in getting it advanced on the call
endar Because the writ of certiorari
serves to delay the case, it is not likely
that any move viii be made by any of
the attorneys representing the saloon
or the property owner to have speedy
hearing in the supreme court
Judge Parker Declines to Act.
Being advised early this morning
that the supreme court had issued the
writ upon the application of Binford
& Farber, who represent G. H. F'orney,
owner of the building, Judge Parker,
altho having no official notification of
the higher courts action, declined TO
proceed in the case. 1t is expected that
Judge Parker will be served with for
NAL notice by Monday.
Before proceedings We're stopped en-
tirely in the local court Judge Parker
refused TO issue the injunction against
the state asked by Ebrney's attorneys.
An equally unsuccessful attempt was
made by the attorneys Thursday night
TO get Judge Bradshaw TO issue such
an injunction.
At approximately the same time that
Farber was seeking an Injunction in
the district court, Binford was applying
for a writ of certiorari in the supreme
court.
Asked for Forney; Benefits Saloon.
While the application for the writ Of
certiorari, insofar as it could be
learned here was asked for only in the
name of C. II. Forney, the move fits in
most beautifully with the tactics tend
ing to delay proceedings in the saloon
cases which Gifford's attorneys have
employed, and their client is greatly
benefited thereby
The application for the writ of Ger
tiorari was made for practically the
same alleged reasons as We're the basis
of the petition for the temporary in
junction sought TO restrain the state
from proceeding further.
Chief Claim liIdrnent Clauce
The chief claim made in the applca
ton before the supreme court is be-
cause of the clause in the injunction
decree against the saloon which rem
dered judgment against the place for
the costs in the case and established
the judgment as a lien against the
property. This, Forney's attorney
claim, makes the decree invalid for the
reason that F'orney, by not being made
defendant with the saloon men, had
no opportunity to make an appearance
and defense. and was therefore not a
party TO the agreement by which the
decree was issued The costs in uhc
case are $3.50, and have not vet been
paid.
Effect of Writ is Delay.
The primary defect OF the writ Is
sued by the supreme court is to delay
any further procedure in the case ir
the lower court. Ii Will also command
the lower court TO forward the decree
and the records of the case TO hishe,
court, that the decree complained OF
may be received.
If the decree is attacked only in
behalf of Forney as it affects tn.
property and its owner, the validity OF
the decree insofar as it affects illega
sales made by the saloon, would mo-
come up as an issue before the az,
preme court And if the supreme court
after reviewing the decree, should hole
that it is invalid insofar as the prop.
erty owners are concerned it would
not necessarily affect the rest of the
decree
Judge Parker. after waiting until neal
noon, to be officially notified by the
supreme court, and having received
nothing up to that time, adjourned
court until o'clock Monday morning
BY that time it is presumed that of.
fetal notice will have arrived, and tn.
proper entry in the case will then hi
made. Senator Cosson, special counse
for the state, insisted that the Marshal
county court conclude it's hearing as t,
fhs contempt proceedings indicatin:
hat so far as the state was concerned
it was willing to consent to a modifca.
ton of that|part of the decree affectin,
Forney but the saloon attorneys ant
jForney's attorney demanded DELAY an,
got it, If the court could have bee,
induced to pass upon the real point
before he received his official notice O
the supreme courts writ the appea
could then have been taken on tn
question of contempt
ATTACK MOON LAW.