Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-07-09
EFFORTS TO EvADE EFFECTS OF
MOON LAW RECEIVE SETBACK
FROM ATTORNEY GENERAL.
PERMITS SINCE APRIL rs
ARE UTTERLY WORTHLESS
Moon Law Went Into Effect Whom
Signed by Governor and Hundreds of
Consent Resolutions Adopted by City
Councils Are Therefore invalid
News of tho State.
Special to Times-Republican.

| Des Moines, July 9.-Iowa saloons
have been dealt another blow. Resolu-
| tions of consent issued to saloon men
since April 10, when the Moon law
limiting the number of saloons to one
! for every 1000 of population was APP
proved by Governor Carroll, are abso-
lutely void. and with the taking effect
OF the new law on July 4 scores of
Iowa saloons opened since April is are
running in violation of law.
Attorney General II. w. Byers yes
terday declared that city officials who
have sought to evade the Moon law by
granting great number of permits
prior to July have misinterpreted the
law and that their arguments are "all
rot"
Since April is no less than $50 res
buttons of consent have been issued In
the city of Davenport alone, and other
liberal towns have pursued the same
policy, under the impression that new
resolutions passed before July could
be held by the men for whom they were
passed and used to justify the opening
or new saloons at any time In the fut-
ure, regardless of the Moon law or the
ratio of saloons to the population.
Saving Clause" Does Not Apply.
The attorney general yesterday noti-
fled county attorney in Mississippi
river town that the saving clause of
the Moon law applies only to saloons
that held their resolutions of consent
on April Is, and not to those which
secured permission to do business be-
tween the passage of the act and the
date when 1t went into effect, which
was July 4.
inserted to protect the property rights
the law was passed in April" said Mr..
Byers. 1T can not be stretched to in
clude saloons authorized since that
date. The intent of the legislature is
shown in the first section, which says:
From and after the passage of this
act and again in section 2, which con-
tains the clause providing that where
a greater number of persons than are
provided in section / now hold resolu-
tions of consent, 1t shall not be manda-
tory under the provisions of this act
for city or town councils to cancel or
withdraw a sufficient number of res
olutions of consent to comply with the
provisions of section L.
The word now clearly refers to the
date of approval. which was April Is,
and can not be construed to mean
July T."
Saloon men and city officials who IA
vor wide open administration for
revenue purposes have been laughing as
the result of what they considered
clever method of evading the Moon law,
and Attorney General Byers' decision
will come as a jolt to their plans.
Removals Are Valid.
Saloons which held resolutions of
consent prior to April Is and have had
them renewed since that date are not
affected by the ruling, as the Saving
clause" specifically authorized the re-
newal of these resolutions providing all
other provisions OF the mulct law are
complied with.
Mr.. Byers was notified yesterday that
half dozen towns in Fayette county
have gone dry" by the voluntary clos
'HS oP VI SttioOIlS Al
Hawkeye. Maynard, Westgate and st.
Lucas. Saloon men have notified Coun-
ty Attorney Lewis that it will be nee
essary for him to proceed against them,
as required by the Cosson law defining
his duties.
The Fayette county saloons are typ
ical of many others in various coun-
ties that have run for years in open
violation of law. They have paid
mulct tax but have operated without
petition of consent or the permission
of 65 per cent of the voters.
From every county In the state come
reports that the illegal liquor traffic is
ION the run" and the results of the
Cosson law enforcement measures up
to date constitute the greatest victory
for law and order Iowa has witnessed
in years.