Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-24
ANTI. SALOON ATTORNEY DROPS
CONTEST BASED ON WITH
pRAWAL OF CONSENT.
CONTINUE SALOON CASE
ON MuLcT PETITION
Acres, Attorney For Anti-Saloon
League. Confident of Victory on This
Issue = Conference of Temperance
People Monday Night Brings Finish
of Fight on Revocation.

Convinced that the revocation petit
ton is insufficient and invalid because
of the large number of discrepancies
in the signat lures, E. r. Acres, for the
anti-saloon league, and County Attor-
ney J. H Egermayer, for the state, this
morning in court gave up the fight on
the petition against the John Zundt
saloon.
They did not, however. give up the
contest based on their claim of the in
suficiency of the rnulct petition of con-
sent. and on this alone the case will
be fought from now on. Mr.. Acres
said this morning that on this alone
he was confident OF securing an in
junction.
Find Many Names Wrong.
That carelessness marked many OF
steps taken IN the work Of circulating
the petition was evidenced at con-
ference held Monday evening by Mr..
Acres. Secretary Barber, of the Iowa
Anti-Saloon League, County Attorney
Egermayer and men who had been ac-
+iya il, nushing it, A. this conference
a Martial check of rhe petition was
made When it was found that there
were 121 names in the Second and
Third wards that showed discrepancies
when compared with the poll books for
the 1908 general election, the attorneys
were convinced that the petition was
invalid and further contest on it was
useless. It was then decided to with
draw the contest on the petition this
morning which was done by Mr.
Acres
Used Registry Books.
The vital mistake that the men who
mana ged the circulating of the petition
made was that instead Of using the
noIl lists with which to take the names
of those who voted, the list was taken
from the registration books. The re-
suit was that there were many names
on the revocation petition that did not
compare with the same names on the
noll lists. vet they did compare with
the name on the registration books.
The original list, which the circula-
tors of the petition used, was taken
from the registration books. II was
never checked against the poll books,
which the supren1S court mas ruleo
must be the test for the signatures Of
sucb a petition. Instead each name
was checked against the list as taken.
According to this check there was more
than a majority on the revocation pc
fition.
Discrepancies Are Common.
Tn Timber of cases the signatures
did NOT compare with those on the list
as drawn from the registration books.
bu+ deducting these there were l,99-
names on the petition that compared
with the list used to check against. In
a great many cases the names on the
nou books are not correct, due TO clerks
of the election misunderstanding or
nnisspelling ehe name OF the voter Inc
voter wrote his own name when he reg
istered, and for that reason the latter
is the most accurate list OF the TWO.
illustrations Show Charges.
The following illustrations taken
from the check made last night snow
The nature of the discrepancies. The
following are the way certain names
annear on the registration books and
on the list used for the revocation pc
tition check: Jesse Bonnette, \. B.
connock. Justus Garfield, Merle \.
Smith and Chas. H. Lee.
Here is the way the same names are
on the poll books: j \. Bonnet, K. B,
eonpock. Jud Garfield, NJ. NJ. Smith,
Charles s. Lee.
This il the way the names appeared
on the revocation petition: Jesse NJ.
Ronnette. A. B. Coppock. Justus Can
y field. Merle y. Smith and Charles H.
Lee.
While not all of the discrepancies
found in the check made last night
were necessarily fatal to the petition,
enough of them were that the majority
it carried was more than wiped out.
Make Fight on Mulct Petition.
The state and the anti-saloon league
was about ready TO close its case when
it desisted making any further effort
in behalf Of the petition, and announced
that il would stand solely on the al
legged insufficiency Of the mulct petition
Of consent. The attorneys had already
made this part OF their case from the
very start, and most Of Monday was
spent proving what additions had been
taken into the city, when they were
added to the city the number Of people
they contained. and that they were d
part of the city as it is now
These additions to the city were
taken in since the mulct petition was
circulated in 1900, and it is the claim
that by so doing the petition was made
invalid
Give Defense More Time.
The announcement of the anti-saloon
attorney that the fight on the reyoca-
ton petition was off tended to shorten
the case. and on the claim that the
preparation of their defense on the al
legation that the mulct petition was not
sufficient had not been completed Judge
Parker adjourned court until O'Clock
wednesday erneon TO give them time
to get ready.
Acres Is Confident.
Attorney Acres authorized the state
ment that he is confident that ths
taking in of the additions to the cit,
invalidates the nulct petition. He
based his claim on the fact that thu
people in those additions have never
had a chance to say whether or no
they wanted the saloon.
Congregational Brotherhood Meets.
The regular meeting Of the Con-
gregational Brotherhood was enjoyed
Monday evening at the home of mfr
II. u 81 iIyt1l<asi, w itiI nearly forty pres.