Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-29
ANOTHER MOVE D
DELAY SALOON GASES
PETITIONS TO vAcATE AND SET
ASIDE DEGREES IN CLIFFORD
CASES FILED.
WILL NOT INTERFERE
WITH GRAND JURY ACTION
County Attorney Eeermayer Accused
in Petitions With disappearing
Intentions of Decree and Obtaining
Decree For Purpose of Fees-Some
Interesting Phases Likely.
WILL NOT INTERFERE
WITH GRAND JURY ACTION
County Attorney Eeermayer Accused
in Petitions With Misrepresentno

What has every appearance of being
tempt proceedings now pending in the
district court by bringing another ac-
ton, resulted Tuesday afternoon in pc
titions to vacate and set aside the de-
cree, filed by George Hser and John
Kelly, nominal owners of the three Gift
ford saloons
Charges are made against County
Attorney Egermayer in the petitions,
the claim being set up that the county
attorney wilfully misrepresented his in
tentions in securing the decree, and OBJ
tanned it for the sole purpose of secur-
ing his fees.
The county attorney claims that the
fees he secured were only what We're
permissible under the statutes He
says also that as far as misrepresent-
ing the intention of the decree the at
torneys for the defendants made the
proposition themselves. wishing to
place their clients in the position of
NSt-s7SAAeiiiS " q pe-iildHeIl lllJullCllOH
and dismiss the criminal actions pend
ing.
Thinks 1t Play For Time.
County Attorney Egermayer looks
upon the new action as a play for more
time, and to keep the saloons open
just as long as possible. He thinks
that the saloonists' attorneys believe
they will further postpone the contempt
proceedings in the district court by
bringing the new action: also that the
move is made to further befuddle the
city council in the case of the six reso-
lutions which the county attorney adj
vised the council not TO pass, but in
which contrary advice was given by
] he city attorney. who is also repre-
Senting the Clifford saloons
Why Were Not Filed Sooner?
MIR, t.sermaNer asks the question
why we're noi the new petitions filed
Sof'aer. if the legitimate purpose was
Z ~ set aside tie deereea They could
have heea pre- ,aret, for the October
term Dlit aoF t4ev have slipped by the
!, fling time for he January term, and
: 80 raught for he March Tor subse-
/ ,luent terms
j VIII y j Deter Grand Jury Action.
Z County Attorney i-sermayer said to.
q day tina the latest move on the par
z Of the saloons would not deter in an,
4 way his bringing before the grand
!. jury the action of the MAYOR and cit,
u council in granting petitions of con
81 sent to the six saloons, including tn,
81 three of Clifford.
Il Councilman Would Rescnd.
s There is we'll defined sentiment il
\ the city council for a desire to rescinc
FL the action in granting the permits t,
a the six saloons, done in direct violatio,
q 10 the county attorneys written advice
n Mayor Ingledue has said, however
z. and doubtless has so been advised
"a that the council can not, under the cit,
IA ordinances, rescind a resolution only a
"a the meeting on which the resolution
81 was adopted, or al the meeting follow
u ing. This impression has also beel
n given to the city council, and last Mon
E day night the question would have bee
y raised by at least two members ha
N NOT such been the belief.
q Egerm aver Claims Statute Permits.
b The county attorney. however, claim
= that under section 2451, of the code
u any resolution Of the city council cal
q be rescinded at any time by a major
a ty vote. The Moon law also provide
a that a resolution can be revoked 70
cause. The county attorney has sug
gested to a member of the council tina
the council call a meeting, with tn
chairman, pro tenn. presiding if tn
mayor does not see fit to act and TAX
formal action under the statutes re
scinding the resolutions. Mr.. Eyer
mayer says that just so sure as tn
councils action remains in it's presen
form, just so sure will he bring tn
action to the attention of the gran
jury
Looks Like Saloon War.
The saloon situation in Marshall
town is taking on an appearance yer
much like a war between the saloonist
themselves. This is said to be du
largely to a division of the legal pat
ronage. One attorney who has enjoy
= ed the saloon business for years ha
been discharged from further action i
the three Clifford and three other sa
looms, but still retains charge of tn
!! business of the rem aining twelve. 1t i
il a case of one set of attorneys agains
another, to see which can land the sa
looms under the Moon law. F. H. Gift
ford is accredited as saying that If h
can't run saloon in Marshalltown n
one can. At the present time, however
Clifford has the upper hand in the pro
ceedings, altho Senator George Cos
son, assistant to the attorney genera
says that the resolutions passed ar
of no force and effect This, howeve
is only the opinion of one attorney a
against another.
The Nav, Datif;one
The new petitions, to vacate and So
aside the decree of permanent injune
ton now on file, are somewhat uniqu
in their formulation, in that the al
torneys do not sign the petitions, as
usually the case, but instead the de
PENDANTS themselves.
The defendants allege that their al
torneys at no time consulted thel
prior to the consent to the entry
the decree, nor were the attorney
authorized by the defendants to S
= consent to the entry.
The defendants claim that there wei
no violations on their part either prit
to the decree or since, and that tt
county attorney represented that tt
decree would in no way interfere wit
their business.
The petitioners also claim that IL
county attorney. was we'll aware tn;
INK