Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-23
CLAIM FACTS NOT PRINTED.

freight agent at Mason City.
CLAIM FACTS NOT PRINTED.
LaSheIIe and Fisher Object to Pressn.
tation Of Facts in Cisaret Case.
Messrs. s. w. LaShelle and Jasper
H. Fisher, members OF the firm known
as the LaShelle Cigar Company, in
communication addressed to the Times
Republican today, object to the pre-
sentation of the facts as published
Friday relative to the assessment OF
the $500 mulct tax, growing out OF
recent seizure Of cigarets at their place
Of business. The communication fol-
lows:
Editor Times Republican: In JUS
; tice TO ourselves and our business IN
terests, we deem it advisable that we
call your own and the public's attention
10 the Measurements contained in your
last evenings issue, regarding the al
legged seizure of cigarets made at our
place of business some six weeks ago,
and Your notice OF mulct tax being
assessed against our business OF sSoo.
In your statement Of the filing OF
certified copy of the proceedings IN
the mayors court relative TO the
search warrant then issued. on which
the present assessment Of the. mulct
tax you claim is based. YOU fail TO
mention the fact that the records IN
the mayors docket shows that our
selves both appeared in that case and
that the case against the LaSheile u
gar Company. composed OF ;. w. La
Shelle and ]. H. Fisher was dismissed
without prejudice for lack Of evidence
! thus closing the case.
You also fail to state the true facts
as they are ,o-wit: That Mr.. Hatcher
/ did appear in person before Mayor
Jones and demanded the return OF his
cicarets and was told that he. Mayor
Jones. did not have them in his pos
session at that time and for him to
come back about the first OF the week.
! Why not print the facts as the
records show them to be Cor should
show them TO be}? You are right In
your closing statement that i, is prob
able that the assessment will be con-
tested. as an assessment of this kind.
With no evidence to stand on. was
never expected TO be valid by Mayor
Jones. who caused il TO be filed. II is
simply a case of malicious persecution.
started by Mayor Jones, as all our
friends and enemies know.
Again you are right. 1t will be
;contested and contested to q finish by
cur firm, and when it Is paid it can
be added along with the other half OF
that East Main street paving assess
,nent. which the property owners re-
fused to pay.
I'VE trust YOU will give this article as
much prominence as you did the notice
of assessment and if necessary. 1t may
be charged to our firms advertising
account.
LA SHELLE CIGAR COMPANY.
"By 6. W. LA SHELLE.
j. H. FISHER.
Dec 90. 1911"
FMessrs La Shelle and Fisher have
failed to distinguish between the Grim
inal cases that were brought against
them for alleged selling and keeping
ictsarets and the case against the cigar
cts growing out of the seizure There
we're three distinct cases. Because tne
criminal cases were only indirectly IN
voIyed in the ceiZure case. no mention
of them vas made in the story TO winch
the writer's object. as that story deal'
solely with the seizure and the results
of il as they led to the assessment Of
the mulct tax.
RI. is true. as the writer's say. that the
criminal cases were dismissed with
out prejudice" for lack of evidence
three days after the warrants were
issued
1.-THE MAYORS docket shows that OF
Nov. affidavit for search "affah
vas made by VI. Clark who TOOK oatt
that he had probable cause TO suspec
that the LaShelle store was being use'
i as a place to keep, store and sell cizsr
cts. etc. On this affidavit seafcl
warrant was issued and the place wa
searched Nov. s.
1.-THE return made by the officer o
that date says he found forty one pack
ayes Of cigarete, which he seized.
NOV. 6 the hearing on the seizure G
the cigarets was continued until NOV.
at which time J. J. Wilson appeared an
served notice that he represents =.
Hatcher who. according TO the recor
claims ownership OF the clsafe'
seized" Wilson requested conunu
ance until Nov. O. which was GRANTEE
On that date Wilson witndre" ms at
pearance for Hatcher. and the case wa
continued for thirty days.
ron Dec. 9 the case coming on Il
hearing, ana no OIic oPPSe@A AAAS -
of the cigarets, the record says. II
therefore found by the court that Il
same were unlawfully kept. and u
same are hereby condemned and orde
ed destroyed" The complaint does n
make it plain wherein this newspap
did not print the facts in the story
Friday. The facts, insofar as they des
with the seizure case and the asses
ment Of the mulct tax, which was Z
suit Of that case, were printed. No re
erence was made to the criminal cas-
against LaShelle and Fisher becau
those cases had nothing to do with I
tax assessment growing out OF I
seizure case. Mayor Jones said q
morning that some time during t
last continuance Of the case !
Hatcher came to his Office and said
cigarets were his. According to
mayor Mr.. Hatcher came privately
said he didn't want to appear in
case and he did not ask for the retu
of the cigarets Mr.. Hatcher's apes
ance. however. is not OF record. 40
the costs of che cases the writer's
mistaken. Since all the. cases
state, not city cases, the county, 9
not the city, will pay whatever 90
have been incurred.-Ed.1