Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-06
AGREEMENT AS TO TERMS IN
CLIFFORD CASE NOT ACCEPT
ABLE TO THE COURT.
DECREE SUBMITTED DOES
NOT SUIT JUDGE PARKER
Holds 1t Does Not Conform to His I'm:
Outstanding of the Law-county
Attorney Eeermayer Declares That
in Opinion of Attorney General In
junction Sought is Adequate.

An Effort 10 have the injunction case
against the up town Clifford saloon re-
moved from the court docket, by the
issuance of a perpetual injunction
against the place and It's owner ana
employees. which VAS characterized in
open court as q compromise of the case
failed late Tuesday afternoon because
Judge ]. NJ. Parker declined 70 sign
the decree which was submitted.
The settlement not only contemplated
the wiping OUT of the civil case against
The saloon and these connected With it,
but The dismissal If the indictments
which We're returned ~ the grand jury
a few weeks ago a against the owner and
hartenders. who we're charged With
nuisance.
Judge Parker declined to sign the de-
cree in the form tnat it was presented
to him because It's wording did not
come up 10 his ideas of NHot it should
be. and also because il was not in ac-
cordance 10 what he believes the law
governing the case 10 &c.
Decree Acceptable tc ALL
The decree, which perpetually en-
JOINS the owner and his employees
from conducting the business contrary
10 law. was acceptable 10 the attorneys
lspresenJing the saloon interests in
VOWED n the case also County At
torney j H. Egermayer. These al
torneys argued in cotnr that the decree
was suitable and adequate. County
Attorney Egermayer contending that
1t conformed With the Jaw and was in
keeping with the viesps held by the at
.crney generals office
Judge Parker objected 70 those
clauses in il which refer 70 the court.
being fully advised in the premises
and on The finding Of the facts" when
as he said there we're no facts shown.
Wanted Owner to Come In.
Judge Parker suggested 10 the attor-
nays that the owner should come in
and abate the nuisance. for which the
Injunction in the decree was against.
and put UP bond. This proposed pro-
cedure was not satisfactory 10 the sa-
loonists' attorneys We don't want 10
do thai said F E. Northup. C H F.
Boardnan said. We are guilty only
JUS as far as this decree goes, but no
further Mr.. Northup added. we are
willing 70 confess just as far as this
decree says. but no further we con
s4nt." said M. Boardman. 10 ali OF the
things that are in this decree. but only
as given in the decree and no more
Cosson Expected to Come.
Judge Parker took the decree under
a1visenert. and this morning told me
attorneys That he would not sign II.
Thare < chance ina. the decree.
charged in some respects. viii he sub
:7lit.s1 again, probably some time this
afternoon.
Before The decree was submitted
t'oua,y Attorney Egernayer took up
me questions involved in il with the
attorney generals office ard vas as
sursd thar the decree conform ed with
ne law and was ample in every way.
Ha mas asked Senator Cosson. an as
Sistant in the attorney generals Of
fee. . come here. and he may 10 50
this evening
Is Perpetual Injunction.
TIE decree, which Is directed against
JOHN Kelley. P. E Clifford. F H
=.
Charles clifford. Ben Alderman. and
Howard Loney. and The building and
reai estate. IS in effect mat those
nanaad in i. or their agents. clerks.
employees, lessess. servants or others
are perpatnany enjoined from carry
ing IN or maintaining q nuisance upon
tlle premises deScri ped, by keeping
thereon or th@rein. contrary 70 law. or
+ permitting the sane 10 oe kept. with
me infant 70 unIawfulty sell. or sell
ing the saale thereon. contrary 10 lax
any Intoxicating liquors The decree
provides that The Injunction applies to
the entire Seventeenth Judicial district
I. also provides that Judgment be en-
tered against those named in the de-
cree for the coSvs in the case in addi-
ton 10 an attorneys fee. and that ths
saloon owner post an abatement bono
Of $4,000.