Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-27

4 Az tFfi+ z
After fight between two strongly
zens that began last fall with the cir
general consent to sell Intoxicating
kept In the limelight OF pub III Inter
est almost continually aver sincs the
action OF Judge G. W. Vermilion this
morning puts the stamp OF the Inv on
the saloon question In Ottumwa and
after July /, 1911, there will be no "a
looms existing here. The finding sof
facts and filing OF Judge vermilion's
opinion on the legal propositions In.
volved In the question, were made I'm.
mediately following the opening OF
court this morning when the resump-
tion OF the Tullis vs. w. ". Sflvers Co.
saloon injunction case was about to re-
sumo The finding Of the court places
the saloon petition as insuf1 1cient by
ninety-one names, giving the state
ment total OF 2,142 names. when
1928 were necessary to obtain the
right to operate the brewery and sa-
looms In Ottumwa under the mulct
law. It is noticeable that some Of the
propositions that were submitted by
the contestants to the statement,
among which was that Of certain per-
sons being OF bad repute, were not
ruled upon by the court Almost 40 q
whole the propositions sof law submit
ted by the "drys" were ruled upon IA
vorably by the court.
The elements that defeated the Pc
tition or statement are largely the
number of duplicates, Withdrawals and
names challenged because Of not CON
forming with the poll list and signed
by mark without witnesses. The other
reasons assigned by the court in his
findings are few and not of much sig
niflcance In reaching the conclusion
as to the insufficiency of the petition.
Counsel for the proponents and
those whose interest they represents
ed, were unable to state whether
there would be an appeal Of the case
to the supreme court. Neither side
OF the case offers any criticism on the
ruling, beyond the fact that the wets
maintain that their law proposition
dealing with fixing the identity Of the
books as well as the poll books, gives
them a majority or sufficiency Of SO
names and they maintain that denied
Lie oHIl6uI w cO iuOuSAly IAO ol6A0SuA ODs
the voter is robbed OF privilege to
which he has every right The drys,
on the other hand, say that the court
did not pass on all Of the legal propo-
sitions, and that they are sure the
statement lacks several hundred OF
sufflciency instead Of the ninety-one
fixed upon In the courts finding.
Voter Denied Right. III
When asked for his views ON the
result Of the saloon petition as shown
in the finding Of Judge G. w. Yer
million this morning In district court,
Senator j. ]. Smith had the following
to say:
''If man is to be deprived OF the
right to express his choice on prop
osition hke that OF petition for gem
eral consent to sell liquors, the law
that is responsible for such condi-
ton should be changed The voter
has done all that lies in his power
when he signs his name in the regis
tration book. and II clerk or clerks
of election do not spell the name prop
erly or as the voter himself spells 1t.
that should not disfranchise the voter
from the expression that is his right.
He does all he can do when he regis
tiers his name properly, and he
should be given the right OF express
sion on such proposition as this.
The law that deprives him OF this
right should be changed.
'The petition or statement Of gem
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