Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-08-28
RuLiMo AoAlNsr COUNCIL
sLvFrs sA4oos'srs IN A..
JUNCTION sulTe.
Abeut Ferry saIssns Affected BY %.
sis;sn and fetal NuHber ls Re.
dussd q Twenty nins Case viii
Probably D Carried 70 susrsms
ceurt-Liesnss Fee May % Heistsd.

Council Bluffs, Aug. %. Any
saloon in Council Bluffs against
which an Injunction was issued
after April is. 1909. and which
has since been operating. has
been operating Illegally and without
warrant Of law. That was decided Sat-
urday morning by Judge wheeler in
the district court, in the test case
brought against J. F. Wellington by
County Attorney capell.
The effect 81 the courts decision Is
to close practically eli OF the saloons
In the city, and make them take fresh
start, provided Of course that the de-
cision 10 upheld by the supreme court,
a. Il IL confidently believed by the
prosecutor that Il will be. The case u
to be taken to the supreme court at
once by the defense.
Warrington was found guilty of con-
tempt OF court, and his fine was fixed
ut 5000, and he was also taxed with the
costs OF the suit, including $2b attor-
ney fee for the county attorney. No ef-
fort will be made, however. to enforce
the fine for . few days. giving the dc-
tense time to perfect the record and go
to Des Moines to secure a supersedeas
from the supreme court.
Forty Saloons Affected.
The decision was handed down IN
only the one case, but 1t affects about
forty Of the fifty-five saloons IN the
city, as injunctions were issued In that
many of the cases. according to the
court records, from April Is to Sept.
Z, 1909. All Of these saloons Will have
to close at the same time as the Walk
ington place, under the agreement
reached in advance of the submission
OF the case.
No time, Of course, has been or can
be set as yet FOR the closing OF the sa-
looms. It all depends on the raptdiY
with which the supreme court takes up
the questions involved. The saloons
will not be closed at this time II the
supreme court grants sa1sfseoeas IN
connection with the appeal. 1t Is be-
heved arrangements can be made to
submit the question finally 70 the su-
preme court about october.
tiistsry % Agitation Reviewed.
In deciding the case Judge Wheeler
reviewed briefly the history Of the sa-
loon agitation about the time OF the
passage Of the Moon law in the spring
of1sos. He touched on the TACT that
all the Interested people had supposed
that law went into effect July :. 19os.
but the supreme court had recently
held it was effective from the date OF
its approval, April Is. 1909. He ex-
nres.ed some personal doubt on this
point.
1T is my duty as a court. said the
Judge, ITO administer the law as 1t -
laid down by the legislature and inter-
preted by the supreme court.
REGARDLESS of the undoubted good
faith Of the saloon men, who indeed
had taken the action they did about
the time Of securing the injunctions as
a means of fully and carefully comply
Ing with the new law, there could be
no doubt but that the injunction In the
walkington case was issued after the
law went into effect.
The Moon law says no permit shall
be granted to any one who was FOUND
guilty OF a violation Of law, and the
issuance Of the injunctions showed be-
yond question a technical violation VI
the law. In the case at issue Walking
ton was not under the law q proper
party to be granted a permit to sell
liquor, and the selling since then con-
stituted q technical contempt OF court.
Saloon Law 10 Technical.
KNOWING that these men were try
ing to comply with the law, and went
about 1t in good faith" said the judge.
ut is not the most pleasant duty IN
the world to find that these injunc-
lions issued by me In pursuance OF
the attempt Of the saloon men to obey
the law now show violation Of the
law. But the liquor law, Of all the
statutes enacted in the state. is tech
meal law. The business II placed un-
der the ban OF the law. and there Is no
room for sympathy or feeling. There
has been q technical violation OF the
law. ana Warrington must be found
guilty Of c..n.empt"
AT f1rst Judge Wheeler coupled an
alternative JAN sentence OF sixty days
with the fine. as Is usual in such cases
After consulting with the attorneys.
however. he let the alternative jail sen
tence 20, az It was deemed slightly
easier for the attorneys for the defense
to 70 to the supreme court on q writ
Of certiorari on simple fine
IOWA MEN UNDER ARREST.
y. aM1AA ~