Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-27
ACTION BASED ON ATTACK OF
MuLcT PETITION SUBMITTED
TO COURT.
COURTS RULING MAY
BE DELAYED FOR TIME
Much Law to Be Looked Up and Au-
thorities Consulted Before He Can
Determine Issues Defense Pleads
EstoppeI Because of Alleged Former
Ajudieation of Petition.

/ The John Zundt saloon case. which
the state and the anri-saloon League
are seeking 10 close by injunction be-
\ cause of the alleged invalidy of tbs
rlulcr petition OF consent was submit
I ted 10 Judge ]. NJ. Parker al about
I 10: so O'Clock this morning. Judge Par
ker said that he would be unable 10
say until la,er when he would give q
ruling in the case. There is much law
10 be looked up and many authorities
TO consult and it may be some little
time before the court viii be prepared
10 pass On the application eor a tenn
/ pora-y injunction.
Plead EstoppeI Against State.
The issues involved IN the case are
two IN number which Judge Parker viii
have 10 decide The FRS. is whether or
not The city made null and void the
ruIct petition Of consent circulated in
1860 by taking additional territory INFO
III. city The second is whether or not
tina state and the plaintiff are barred
from proceeding in the case by reason
OF alleged former adjudication on the
suEicisncy OF the mulc- petition, as
Ia !rA " L-4c S-c4c4-SS'
This latter phase Of the case was in
jecIed into il during the arguments Of
Zundt's attorneys. They plead former
adjudication which estopped the state
from action or from further adjudica-
ton on the nulct petition.
Basis of Claim States Admissions.
The basis of this claim that adiudica-
ton was formerly had on the sufici-
eacy OF the nulcr petition was the ad-
mission Of The state in the Des Noines
Malt Company case. me Friedrich case.
and others. For the purposes OF these
individual cases County Attorney ]. II.
Eg-ruayer admitted that g nulcI Pc
r:,ion vas in force in the city. These
cases were all tried after -he additions
were taken into the city
The defense, basing It's claim On these
admissions, pleaded that il having been
admitted in those cases that the mulct
petition was sufficient and in force il
the city, that il could not now contend
that the 1lulct petition was inschici-
err. ana insofar as the suficiencE OF
the petition was concerned the admis-
sions made IN the cases constituted
bar to further adjudication on the
question.
Deny Adjudication Was Had.
Tire state and the snti-saloon league,
while admitting that such admissions
were made, calm they were made
solely for the purpose Of the cases in
which they entered, and deny that the
Sufriciancy 81 the petition was ever
a6judicated Acres and Egeruayer call
ID on Northup and Bradford 70 pro-
duce tne DEGREES in the cases IN which
the admission was made 10 enable the
court OF determine Z adjudication had
ever been mad on the suficisncy Of the
petition. but they declined % do so.
Egermayer then furnished them 20 the
court himself
The state alleges that the suficiency
Of the petition i nor mentioned in the
courts DEGREES in these cases. ana that
he admission % the state that the Pc
ticion was sufficient was for the pur-
poses ot the suits in question. and was
in nowisa binding Or effective in any
other action or IN any other respect.
Effect of Decision.
The effect OF Judge Pa-kers ruling
On the application for temporary in
junction will, % course. depend on the
ruling itself If ne should grant the
injunction asked for ne will in doing so
rule that the petition Of consent Is in
sufficient. This would force the Zundt
saloon 70 close and would probably
have the effect Of closing all Of the
other saloons An appeal would OF
course be taken. but the saloon or sa-
looms that are closed are not privi-
legged to stay open while the appeal Is
pending
If the court should hold that the Pc
tition is valid, and deny the applica-
ton for an injunction, the soundness
OF the petition will nave been adjudi-
Gated. but in the event of such a find
ing by tnec curt it is likely that the
state will aDneal