Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-01-05
SALOONS Will ].
NOT Be CUT DOWN
MANY QUESTIONS HAVE ARISEN
OVER INTERPRETATION OF
THE MOON LAW.
SENATOR MOON EXPLAINS
Declares Il Was Not the Intent OF the
Law to Limit the Number After
July I, 1911; For En-
forcement.

July 4, 1911; For En-
forcement.
The Moon law, regulating the mum
Der of saloons to one for every one
! thousand Inhabitants, will not cut
down the number in Ottumwa from
twenty-nine to twenty-five after July
1 if the present saloon petition is held
sufficient, according to City Solicitor
Clyde G. Sparks Interpretation of the
law, which is one of the most import.
ant statutes regulating the liquor traf'
nc in Iowa, Senator e. G. Moon of
this city author Of the law, stated that
it was not his intention when he pre-
scented the bill to the legislature dur
ing the last session, to cut down the
number Of saloons after July l ,19ll,
when the saloon men must secure q
general consent petition to continue TO
run for nve years longer, but to regu-
late the saloon business by eliminating
those who would violate the state
liquor laws. A question has arisen
whether or not the saloon men start
in anew after July l, providing the
general petition of consent is suffi-
cient, and whether or not the Moon
law would limit one saloon to every
thousand inhabitants and, thereby cut
down the number of places in Ottum.
wa from twenty-nine to twenty-five.
"The question Is an important one
and the court must settle 1t, stated
Mr.. Moon in an interview. when /
introduced the law and secured its pas
sage, my object was to regulate the
LIQUOR business by eliminating from 1t
men who violated the law. For instance
in a city which had more saloons than
tn. limit, and II one saloon was put out
of business for violating the laws the
city could not issue another permit un-
til it got below the limit placed by law,
one saloon to every thousand inhabi-
tants =,
"My Interpretation of the law is
that in Ottumwa the number of sa-
looms will not be cut down from
twenty-nine to twenty-five after July 1.
It is my belief that if the saloon men
had to renew their resolutions of con-
sent through the city council. it could,
be interpreted that they were starting
business anew, and the saloons would
then be cut down to the limit of one
to every thousand Inhabitants"
City Solicitor Sparks in an inter
view, stated that according to the
Iowa code the saloon men are not re-
ouired to renew their resolutions OF
consent. "The saloon men, however,
if they had to-" said he, could renew
their resolutions of consent through
the council under the new Moon law,
and not be cut down to the limit, as the
law does not disturb present condi.
tions.'
Several Questions Arise.
"Several questions have arisen I'M
der the law which cannot be definitely
answered until the courts pass on
them" Mr.. Moon stated in an inter
view.
"some of these questions. however,
can be answered definitely from
mere reading Of the statute. 1t Is asked
for instance, whether this law gives the
holders of permits a perpetual fran
chise. It is not true that any such
thing results from this law. The liquor
business is still subject to all OF the
regulations which heretofore existed.
Any community can destroy the busi-
ness whenever a majority desires to
do so. Any city council can make the
number less than one to thousand.
The council is prohibited from making
the number greater than one to a
thousand.
Another question is as to whether
in towns that now have a greater
number Of saloons than one to thou.
sand a permit can be sold to a man
who desire to discontinue business
or who moves away or by the ex-
ecutor of one who dies. These permits
under the limit law are transferable
under such conditions. The process OF
elimination provided is process Of
self-elimination. A man may continue
in the business so far as this law is
concerned, indefinitely, provided he
obeys all of the laws. II he disobeys
any OF the laws and is convicted or en-
Joined, then he is out and no man can
take his place, nor can the city council
issue a new permit unless the number
of saloons is already less than one 70
a thousand.
"Under no circumstances under our
present law can any city council issue
any new permits where the number is
already equal to, one to thousand or
exceeds that number. The extension
of the business Is absolutely prohibited
now excepting where the number is
less than one to thousand. No mat
ter how large the number is, any indi-
yidual holding permit and conform
ing to the law, may conduct the busi-
ness indefinitely, and may move from
one location to another with the con-
sent OF the council. or may sell his per-
NIT, but if he violates the law. the per
nit vanishes and he has nothing TO
show for it.
ga .,,o,t;op which haa MT vet heen