Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-04-18
SHOULD MCPHERSON UPHOLD sA.
LooNisTs' CONVENTIONS SIT
UATIoN WILL BE PECULIAR.
OPINION WOULD BE COUNTER
TO SUPREME COURT RULING
General Opinion Is That Mcpherson
viii Hesitate to Set Himself Against
Unanimous Court, Which Has Passed
on All Points Involved in Present
Suits.
to Times-Republican.

Special to Times Republican.
Des Moines, April 1s.-Judge Nc
Pherson, in the matter Of certain IL
quor cases. appears just now in the
role of an appellate court to pass on
the legal judgment of a unanimous su-
preme court. If he decides that the
injunctive feature of the Iowa law in
regard to liquor nuisances is illegal it
will, in effect, be q reversal of the de-
cision of six Iowa judges supposed 60
deal finally with such questions. The
case which Ben Salinger took to Nc
Pherson, involved the Iowa liquor
law, is identical with the one the Iowa
court has just decided. The Iowa court,
following long line of decisions, has
upheld the law in every respect. Now
Mcpherson is asked to do the other
thing.
Mr.. Salinger in his argument to the
courts contended that so much of the
Iowa statute as provides for granting
an injunction restraining the illegal
sale of liquors as punishment for cvn-
tempt proceedings is void; because IN
der this one who has been acquitted OF
viola ting an injunction may, in viola
ton OF both the state and federal con-
situations, he again put in Jeopardy Tor
the same offense and on retrlal be
convicted and punished; and because
one who has been acquitted Of con-
tempt for violation of such injunction
may be arraigned for punishment ana
an attempt made TO punish MIN De-
cause his acquittal has been annulled
in a proceeding to which he was not
a party and in which he did not ap-
pear. These are the specific allegations
on which Attorney Salinger, represent
ing the liquor interests of the country,
relied for annulling the Iowa law.
Along with this was much ABOUT the
statutes interfering with the rights
guaranteed under the constitution, IN
GLIDING the right to acquire, possess
and protect property; deprlvlng the oe-
PENDANT of his property without due
process of law; laws not of uniform
nature, etc.
The Iowa supreme court in order
that there might be no mistake as to
what they hold, set forth all these
claims in their opinion, and then pro-
ceeded in fewer words than it took TO
make a statement of the claims, to de-
molish the whole structure, saying:
THE sections of the statute here re-
ferred to are those relating to injunc-
ton proceedings for the suppression OF
Inc unlawful sale of Intoxicating no
uors 1t will be noted that the SUB
stance of the criticism of these sections
is that they discriminate between
classes of persons and that they there
by violate certain provisions of the
constitution of Iowa and that of the
United States. We have been entorc-
ing these statutory provisions for many
wears on the theory that they We're con-
stitutional and valid. nor do we see any
infirnity in them now in that respect
They are uniform in their operation as
to all persons. They do not discrimi-
nate as between persons or classes.
Whoever offend the law by the unlaw-
full sale Of Intoxicating liquors are sub
ject alike to its provisions. The fact
that the injunctiona method is not ap
l,licable to all classes of criminal Of
lenses is not discrimination as be-
tween classes of persons. The CLASH
fcation of criminal offenses is not a
classification of persons in the sense
argued by appellant. We are united in
the opinion that the sections referred
to are not unconstitutional"
Against such sweeping statement
of the situation the federal district
Judge will hesitate to set himself, and
there is no expectation that he will do
so.
Publication has been made of a state
nent that in case Mcpherson holds
with Salinger on these various cases 1t
will knock out the entire Iowa pro-
hibtory laws and the mulct Law and
nearly everything This is not the view
of Mr.. Cosson, the special counsel for
the state defending the laws The in
junctive feature might be declared
wrong without materially affecting 9TH
er provisions of the law. But there is
no doubt that the attack is on the en-
tire law.