Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-09
EGERMAYER TO LODGE CHARGES
AGAINST sALooNlsTs UNDER
DEGREES.
STATE CONTENDS THEY
ARE SUBJECT TO FINE
Contempt Proceedings to Be Brought
Under Moon Law Which 1t Is Held,
Makes All Sales Since Injunction
Issued, Illegal - saloonists' Attorney
Refuses to Accept Similar DEGREES.

of Lorenz Ill continue to sell liquor as
threatened by their attorneys and in
spite of the injunction DEGREES they will
be Immediately cited for contempt
Such was the position of the state as
explained by Senator George Cosson,
of Audubon, special counsel for the de-
partment of justice at Des Moines. The
ceiling of liquor by them under this
decree is illegal selling according to
Senator Cosson. the county attorney.
the judge and I. f. Bradford but not
accepted by Attorneys Boardman and
Northup.
States Course Announced in Court.
That contempt proceedings would be
begun was announced in open court
this morning by Senator Cosson, dur
ing what might be termed a confer
ence of the attorneys with Judge Par
ker. presiding. Senator Cosson made
an unsuccessful effort 70 have the at
torneys, G. H. f. Boardnan and F. F.
Northup, who are representing the Gift
ford and Ill saloons, admit the fact
that since Discrimination had issued
sales of liquor had been made in all
of the saloons. Senator Cosson stated
that such an admission of facts would
save the state the trouble and expense
of proving that the saloons had been
making sales since the time the DEGREES
We're signed. T F Bradford. altho not
appearing in these cases, was in the
court room and expressed his concur
renee in Senator Cosson's theory OF the
law.
Senator Cosson prefaced what he had
to say touching directly On the four
cases in question. that the state was
not DESTROYS of having any more de-
crees issued against saloons until a
thorough rnderst andirg was reached.
so thar there would be no misunder-
standing IN the minds Of any as TO the
intentions. Continuing. he said. Il un-
derstand mat the effect OF those de-
crees Nill D. u prohibi. all those under
the DEGREES from engaging n the bust
ness in any manner for a period Of i've
years. II afterwards they comply with
all the conditions they could resume
business
Gives Warning Of Procedure.
IT want 70 SAY" he continued. "sor
the information r. tha attorneys that
unless ,hey Close the doors Of those
saloons a oac=. INA, w Hill bring az
ton NJ on?aE - dose -nen The Moon
iaw provides when any oers5n ! con-
victed II r1e sa,a IF 'iQu 7rs thai par
son agairs- R7n2 M injunction :
granted shall na, engage IN th= bus
ness for fs4 s=ars and while me in
junction : agains illegal SALES Ihe
court could not aaid .ha- sales made
were legally
We viii ssJ.le -hese cases a He
reach them sad Bosrdu1an. and
there K 10 CONVICTION against any %
our clients in nose DEGREES, and the
rate can not ra-rea- from IL position
By statements made hare in court
Wants Admission Made.
Senator C,osson replied, II the a5tor-
neys for me saloonisis ara ready % SAY
that th4 saloons are selling. il vii
make il unnecessary Tor Us 20 bring in
Witnesses - prove that fact" Board
man replied. Sure rnat's the thing u
do
Sena-or Cosson added that all ht
was seeking was an agreement on .flt
facts, as 70 whether sales had beer
made or not since the DEGREES issued
50 that crnuole and expense would b
saved Boardnan responded that Their
was nothing in courr . agree on.
In this condition the argument re
garding the cases vas ended. Counz.
Artorn=y Egernayer said atserward
that informations alleging contempt o
court, based or the DEGREES. would b
filed soon in tn district court, and tina
to bring or taese contempt cases wa
the reason the STATE sought TO hav
the DEGREES sigrad
Tho States Theory Of the DEGREES.
Senator Cosson stated with referenc
to the four DEGREES of injunction wiaiG
were entered by agreement Of partie
THAT each party named n the deere
would be absolutely prohibited hoR
selling Intoxicating liquors for any prs
pose or under any circumstances. with
IN a period of five years from The dat
of such decree. within the state Of low.
He cited the Noon law 10 show dhs
whoever is convicted Of selling trytox
eating liquors illegally. or whoever
permanently enjoined by any court
CHS state, is absolutely prohibited fro
again engaging in the sale of intol
icating liquors for any purpose with
the period of five years, and that 7
resolution granted by the city counc
after such decree, would operate as
bar against any of the penalties of ID
probitoray law.
In other words, it suas his poskt
that the DEGREES once being signed, 4
parties enjoined could not make a.
sales whatever. That II they did
they could be Immediately cited
contempt and the court would be boua
to asses fine Of not less than 81
nor more than 81 600.
He said that this statement ~
made so that there would be no M
understandings as TO the position OF
state. That Ii the parties continu
10 sell the county attorney would II
mediately file infornaAinn against ca
Of the persons entoined. citing them
appear before the court, and sh
cause why they should not be fin
z for contempt of court for violating 4
DEGREES.
The prohibitory law is still IN f
force and effect in the state Of IoN
Il violations are made, the punishm4
is melted out under the provisions Of 4
prohibnory law. The purpose Of [
4nulct law is to provide q bar where
persons might make sales and escs
tpunishnents. provided they com