Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-02-22
SUPREME TRIBUNAL OF STATE OF
IOWA uPHoLDs JUDGE C. W..
vERMILloN ON RULING IN SUIT
FOR INJUNCTION.
MA MES ON PETITION
WERE INSUFFICIENT
LAW AND ORDER LEAGUE PRO
CEEDlNGS AGAINST HALLGREN
AND sHUckRoW DECLARED IN
FAVOR OF DEFENDANTS

The decision of Judge G. W. Yer
million Of the Wapello county district
court last May declaring the revoca-
ton petition circulated in December,
1909, and filed with the county auditor
on December 20 insufficient, was
affirmed late Saturday afternoon by
the supreme court of Iowa, the opinion
being given by Judge Weaver. the
supreme court upheld the contention
of Judge Vermillon that only the
names of individuals who had actually
voted at the last general election
previous to the circulating Of the re-
vocation petition were countabls IN
this decision of the high tribunal the
injunction sought by the Ottumwa Law
ind Order league in the name of R.
a. Mills against Charles Hallgren and
Patrick Shuclrow, two Ottumwa sa-
loon keepers, which Judge Vermilion
refused to grant, also affirms the deci-
rion Of Police Judge t. e. Kirby, be-
fore whom q test case was tried short
ly after the saloons were closed
December %, 1909.
The Filing of Petition.
Section No. 2451 of the Iowa Code
provides that whenever the people of
q city desire to do away with saloons
operating under the mulct law, 1t may
be accomplished by fling with the
county auditor a verified petition
signed by majority of the voters of
the city, as shown by the last general
election requesting that the general
consent be revoked and the saloons
closed There were 1858 votes cast
at the general election previous to the
fling of the petition in December, 1909,
and the revocation petition recorded
contained tho signatures of 2,S99 per-
sons, which gave the "drys" majority
of 222 nance. Immediately upon the
filing of the petition the saloons of
Ottunwa closed their doors and ceased
to operate. Some weeks later Charles
Hallpren opened hio doors and an in-
formation was filed in the police court
agcinst him, in which he was charged
with sellinr Intoxicating liquors con-
trary to law. in the trial that followed
before Police Judge T. e. Kirby, Hall
e-ren's defense was that the petition
contained an Insufficient number of
the names of persons who voted at
the last general election. The court
held that the petition was insufficient
and the saloons reopened in April,
1909.
Law and Order League Files Suit.
Following this the Law and Order
league, in the name Of R. A. Mills,
filed suits for injunction against
Charles Hallgren and Patrick Shuck-
row in May, 1909, in the district court,
on the grounds that the saloons were
being operated in violation of law, the
contention being made that the revo-
cation petition contained sufficient
number Of names: that the police
court had no jurisdiction in the previ.
Gus case and that there was collusion
between the parties in that court be-
cause the public was not represented
and no public officer appeared for it.
In the district court suit, County At
torney Seneca Cornell G. w. Whit
more, William McNett and w. w.
Rankin appeared for the petitioner
and Jaques C Jaques and J. ]. Smith
for the defendants and f. M. Hunter
for the intervening petitioner, John
w. Scott. The defendants challenged
over 600 names on the grounds that
they should not be counted because
they were names of persons who did
not vote at the last general election;
because some signed who were not
residents of the city; because soma
signed who were not of age, and be-
cause some signed twice The issues
thus necessitated an inquiry into the
validity of each of these challenged
names and a comparison of each with
the election registration and poll
books. Each challenged person, was
called in as witness.
Vermilion Denies Injunction.
After some three weeks of hearing
Judge Vermilion held that as to the
2,S99 names on the petition nineteen
had signed twice, ten were not signed
by the person indicated, 239 had not
voted in the city at the election Of
November 3, 1908. Seventy of these
239 were qualified electors in this city
at such election, but were not register
ed and did not vote, and forty were
the signatures Of persons qualified to
vote and who had registered for the
election but did not vote;129 Of these
o