Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-16
HEARING ON APPLICATION FOR
INJUNCTION is SET FOR NEXT
WEDNESDAY.
NOTICE OF HEARING is
SERVED LATE SATURDAY
q
zundt Case Will Really Be Test For
All the Other Cases That Are to Fol-
low-Main Issues Will Be the Same
in AII-others Probably Be Begun
Tuesday - ops Saloon Not Open.

The first step for an enforcement of
the prohibitory law against the saloons
that opened Saturday afternoon, after
assurance had been given their own
ers that the revocat ion petition was
insufficient. was taken, as predicted,
late Saturday afternoon. 1t took the
form Of an application for temporary
and permanent injunction against
John Zundt, and the saloon he is sup
posed to own on South Third avenue,
just across the Linn creek bridge.
Bernstein Bros. are the real owners Of
the place. The application is made in
the name of c. G. Milhiser by Messrs.
e. r. Acres, NJ. s. Odle and County
Attorney j. Fl. Egermayer
Nuisance is Alleged.
The application is made against John
Zundt, the alleged owner; Mrs Mary
Bowman, owner of the building and
premises, and Leo Mcnamara and AL
bert Shimeck, hartenders in the place.
Nothing more definite than that the
place is a nuisance and that intoXicat-
ing liquors are being sold contrary to
law are alleged in the petition. No de-
tailed allegations are mentioned. Both
a temporary and permanent injunction
are asked. for, not only against the
owner of the saloon, but also the
owner of the building and the building
and premises themselves, but also the
bartenders.
Hearing Set For Wednesday.
When the application was presented
Judge j. NJ. Parker ordered the hear
ing on the application for the temper
airy injunction to be set for 9 O'clock
Wednesday morning. Late Saturday
afternoon notice to. this effect was
served on the defendants, as the law
requires that they must be given three
days notice of the hearing.
1t is specifically ,statAd in the judges
order that the rel1eari9g is ordered on
oral Testimony andswitnesses, and
documentary records and written evil
dence. Affdavits are barred out of
the testimony. Other actions which
will also ask for temporary injunctions
against the other saloons. will be filed
probably by Tuesday, evening.
Zundt Case viii Be Test.
The Hundt case is to be the real test
of the issues involved in the saloon lit
igation. All the main. Issues, which
affect alike this saloon and this case
and all the other saloons and cases
that are to be brought, will come up
during this hearing. The result will
be that the adjudication of all the other
cases, since the main issues in all will
be identical.
The main issues of the contest are
to be on the revocation petition, the
saloons petition of consent. and other
propositions which the attorney for the
state and the temperance people Will
not divulge. Should a temporary in
junction be issued the saloon affected
must close or it's owner will stand
liable for contempt.
One Saloon Not Open.
Eleven out of the twelve saloons that
opened Saturday afternoon opened
again today The single exception was
the Carl Schmitz place on South Sec
ond avenue 1T was said this place
did not open because it's owner was not
sure of his ground. This saloon did not
open this morning.
Denials came today from some of
those whom Bradford & Johnson allege
disqualified themselves by the manner
in which they signed the revocation
petition. f. J. Tuffree denied that he
signed twice. He says he voted and
signed f. j. Tuffree. His father,
Francis Tuffree he said also voted and
also signed, and the F. j. Tuffree sig
nature is his and the Francis Tuffree is
the signature of his father.
H. V. Speers said he voted and sign
ed, but only once. His son, Harry V.
Speers, also voted and signed but once,
the elder Mr.. Speers said. He declar-
ed both the signatures We're correct.