Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-26
ACRES ARGUES SELLING LIQUOR
Il ONLY PRIVILEGE AND
NOT A RIGHT.
CLOSING EVIDENCE IN
CASE is SUBMITTED
Law Points Involved in Contention
That Taking in Additions to City
Nu,litied the 1900 Mu!o. Petition of
Consent Are Besun-case Will Be
Submitted Soon.

Th. evidence was completed We'd
nesday afternoon and the arguments
were begun this morning in the 1ohh
Zundt saloon case, which the state ana
the anti-saloon league are seeking 70
close by injunction. The state closed
its case with the evidence of F. A Bel
lus. 1419 South Center street, by whom
1T showed the number of families taken
into the city when the territory south
of the city was annexed in 1903
Mr.. Bellus thought there were elsh-
teen, and he was able to name most
of them. The testimony OF the defense
on the facts in controversy was rather
brief 1t showed by witness that
there were not more than forty faml-
lies taken into the city in the several
additions made since the mulct petit
ton was circulated.
Make Many Motions.
When the state rested its case
number of motions, which asked that
the court deny the petition OF the
plaintiff and find for the defendants,
and that the costs of the acton De
taxed to the state, were read into the
record. Judge Parker did not rule on
any of these motions which were made
for the purpose of completing the rec
ord in case of an appeal
r. E. Acres began the opening ar
surnent for the state soon after court
opened this morning. He spoke during
most of the forenoon session on the law
involved in the case.
Privilege Not Right.
rJ;,
the contention that the selling of liq-
uor at retail and the conducting Of a
saloon is not a vested right, but
mere privilege. He read from decisions
of the supreme court 10 sustain his
point and argued it in much detail,fre-
quently quoting authorities.
His contention was that, after the
additions were taken into the city, the
lawful procedure should have been TO
have circulated new petition Of con-
sent, and by not doing so, he claimed
the old petition had been invalidated
City Is No Longer the Same.
There was nothing ne said. TO
prevent John Zundt from circulating
another petition to open his saloon. No
one claims l am sure that when Zund-
opened his saloon that a petition OF
consent had been circulated in Mar
1nulct petition of consent was circu-
lated there was no such town here as
there is now.
"Will anyone seriously contend that
the sale of intoxicating liquors in Iowa
is a right under any conditions that can
possibly be imagined. l am claiming
that no man in Iowa has vested right
to sell liquor, and he can not get that
right by any possible means, except as
to its manufacture.
Vested Right Not Affected.
"When the outside territory was
brought into the city it did not affect
any of the vested right held by any one
here, such as the public utilities Or the
right to operate some particular bus
mess. Why was that? Because, 70
have affected those vested rights, such
policy would be repugnant to the
public and unconstitutional.
But the man who opened a saloon
had no rights that any one need re-
spect Frank Clifford or John Zundt
could spend thousands of dollars in
saloon stocks and fixtures and the next
day the city council could take away
his privilege to sell without notice and
without indemnity.
Has Been Done Repeatedly.
This was done repeatedly years ago
The same condition applied to brewer
les. The legislature Of Iowa has SAID
that the sale of intoxicating liquors i;
all in violation of law, but that if yoI
do certain things you can escape pun
]. ishment. and we Will let you do so IN
til some one objects. If the man whr
owns property next door withdraws MI
consent, the saloon must close, and i
has not the right TO purchase the con
~ Of no C-t-r a.
The whole policy against the saloon il
to reduce the sale Of intoxicants to thu
minimum, because il is recognized tina
it is a curse.
"To sell liquor is not a vested right
1t is a mere privilege under police reg
ulations, granted by the people whei
majority wills to do so, and taker
away by the people when they vii
1t.
"The selling of liquor is a mere Ii
cense or privilege upon compliance
with certain laws, which right ma.
be taken away without notice. A priv
ilege to sell booze is not right. If Johl
Zundt was in any kind Of business tina
had some tangible legal footing t
stand on he would not be affected. H
merely has the privilege under polio
protection and regulation"
Defense Has Its Inning.
F. E. Northup opened the argumen
for the defense shortly before court ad
fourned for lunch. His argument III
Is the time court djcttrned was has
ed principally on the contention tina
the people of the additions taken in
when such territory became part o
the city, became subjected to all tn.
privileges and burdens of the origina
territory OF the city.
N'They say" said Mr.. Northup, in re
ferring to the contentious OF the state
chat we viii take all the privileges
such as the schools, city water, an,
sewers, and we Will receive all Of tn
benefits Of annexation to the city, bu
fl1ere 10 one burden that we will no
accept- They say the annexation wa
~ A11eaknal for every purpose excepting
Cannot Raise Question Now.
I've hold that when these addition
d Wp1o taken in that it was a complet
tnlang in Of these people and the.