Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-14
TELLS MEMBERS IF THEY ISSUE
SALOON PERMITS THEY
VIOLATE THE LAW.
COUNCIL IGNORES ADVICE.
ISSUES SIX NEW PERMITS
City Solicitor z. e. Northup lntmates
There is No panser-All Vote For
Permits But Gregory - Esermayer
Recites Law in Support of His Po-
sition-Lack Of Compliance

Pointing out the provisions of the
Moon law, and warning them that if
they insisted on granting saloon per-
mits to certain persons for 1910 they
would be liable on a charge OF mis-
nemeanor. County Attorney ]. H.
Egermayer served on each of the coun-
cilmen and Mayor Ingledue Monday
night. Just before the council meet
Ing, a long communication which set
forth their duties with reference to the
law, as he interprets it.
The communications were not even
read by most of the councilmen who,
after securing a verbal opinion from
City Solicitor F. E. Northup, voted
permits to the following saloons for
another year: Charles Pfeiffer, North
Center street and North First avenue;
George Hiser, Maple Leaf bar and
BARLEY saloon on South Third avenue;
John Kelley, the uptown Clifford place,
and John Van Bushkirk, South Third
avenue.
Only One Nay Vote.
Gregory alone voted against the is
suance OF all of the permits. When
Clark asked City Solicitor Northup
what the result OF issuing the permits
might be, the latter replied that the
saloonists had not been convicted of
violations nor had they confessed to
violating the law. He thought the is
sues would be decided before the per-
mits went into effect.
This had the effect of quoting any
fears any Of the counclmen may have
had. and with it the subject was drop
ped except for the formal action taken.
Points Out the Law.
After saying that the council would
be called upon to grant certain saloon
permits for 1910 County Attorney Eyer
mayer points out his Interpretation OF
the law, referring to certain sections
of the Moon law, and showing the PEN
atty provided.
He pointed out chapter 142, of the
thirty third general assem- bly,, the first
section of which says From and after
the passage OF this act. no city or town
SllS4llt Oy TSSOlullOn, grant 10
sell intoxicating liquors as a beverage
at retail to a greater number of per-
sons than one to every 1000" Follow
ing this Introduction he quoted section
two Of the same law, a part of which is
as follows;
TN all cities and towns where a
greater number of persons than are
provided in section 1 hereof, now
hold resolutions of consent to sell in
toxicating liquors at retail, it shall not
be mandat tory under the provisions OF
this act for city or town councils to
cancel or withdraw sufficient number
of such resolutions of consent 10 COM
ply with the provisions of section one
"a hereof, and such resolutions of con-
sent may be renewed by city and town
councils 10 the person or persons mold
ing the same or their assignees OF
grantee, unless said resolutions of con-
sent shall become imperative by rea-
son OF the person holding the same
violating any of the laws of the state
either civil Or criminal, relating 70 the
sale or disposition of intoxicating I'D
uors, or by reason of a permanent in
junction issuing against such person
for violation of law, or by reason Of
civil or criminal action being com
menced or instituted against said per
son for the violation Of any of the laws
of the state relating 20 the sale or dis
position of intoxicating liquors, an(
said persons guaranteeing such resoiu-
ton of consent before said action j:
prosecuted 10 final judgment or con
viction had in the court in which tn
same was Instituted or by reason of th'
city or town council Withdrawing sucs
resolution of consent for cause, il
which event no new or additional res
olution shall be granted to any person
to sell intoxicating liquors as bever
age at retail except in accordance witt
the provisions Of this act
With Reference to Conviction.
With reference to those who wer
convicted after the law referred 70 wen
into effect the communicat ton quote
section 3, of the law, which Is:
mo person who shall be hereafte
convicted of violating the laws of thi
state relating to the sale of intoxicat
ing liquors, or shall be permanent
enjoined by any court of this state TO
s!,ch violation, shall be permitted t
sell intoxicating liquors in this sta.
within five years from the date Of sue
conviction or injunction, and no reso
luton OF consent or permit shall b
granted such person within said per
iod."
With reference to those enjoine
County Attorney Egermayer said:
Temporary injunctions have bee
issued and are now on record in tn
Office Of the county clerk Of Marsha
county, Iowa. against the followin
named persons. to which injunction
respectfully refer you: s. Bernstei
Louis Bernstein, W. E. Briggs an
Henry Bender, w. E. Crinklaw, Hem
Williams, IA G. Friedrich, John Mob
Simon Myers, P e. Clifford, F. H. Gil
ford, Oscar Fosse, Frank Edward
Charles Clifford Howard Loney, Schu
& Wetzstein, Chris Wetzstein, JOB
Robb, John Wilson. Fred Schulz
Permanent injunctions have been il
sued and are now on record in the O
ice Of the county clerk Of Marsha
county, Iowa, against the followir
named persons to which injunctions
respectfully refer you: S. Bernstei
Louis Bernstein, W. E. Briggs, w.
Crinklaw, Henry Williams, obtain,
Sept. "a, 1909, John Kelley, p. E. Gi
ford, f. H. Clifford Oscar Fosse, Frar
Edwards, Howard Loney, Charles eli
ford, w. II. Muelhaupt, John T.. We