Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-04-20
Supreme Court Holds That
the Moon Law Went Into
Effect When Governor
Affixed His Signature
JUSTICE WEAVER
WRITES OPINION
Test Case Brings Out View
Of the High Tribunal Of
the Sta t e On the One
Saloon to 1000 Measure.

that the law fathered by Senator E.
G. Moon, limiting one saloon to each
1,OOu inhabitants, became effective
when the governor affixed his signature
thereto, some OF the Ottumwa saloons
may be put out of operation. Any
Ottumwa saloon keeper whose original
permit to sell intoxicating liquors Fears
{ tie of issuance after April Is, 1909
will suffer.
Until the ruling of the high tribunal
was announced, it was generally
thought that the Moon law became
effective July 4, 1909. A close in
vestigation of the records of the cOun-
Gil meetings held between the dates
OF April Is, 1909 and July 4, 1909 shows
large number of permits issued, but
no record IS made Of whether they are
original permits, renewals or transfers.
When asked if they knew of any
new permits issued between the dates
of April 15, 1909 and July 4, 1909, At
torneys 10 r. Jaques and c. R. Whit
more replied that they did not recall
amy. r-t -ssss ,,s
There are at present thirty-one sa-
loon consent permits in force, the
holders Of thirty of which have bars.
Byers Ruled Likewise.
The question raised was whether
this law became effective July 4, 1909
or April Is, 1909, the date it was signed
by the governor
When the question involved in this
case was first raised, Fl. w. Byers,
then attorney general of the state,
handed down an opinion the same as
the one just rendered by the high
court.
The supreme court held that it be-
came effective April 15, despite the
fact that it contained no emergency
clause providing that 1t should become
operative upon it's publication in
newspaper in the state.
The rule ordinarily followed when
new laws do not go into effect upon
publication, is that they become ef-
,fective July 4, and believing that this
rule held good in this case, numerous
saloon men fastened to secure licenses
after the passage of the bill by the
Thirty-third general assembly and
before July 4.
Many Licenses Invalid.
All such licenses secured in towns
where there was more than one sa-
loon for each 1000 Inhabitants are in
validated and must be recalled by the
cities and towns issuing them.
The case which brought forth the
opinion OF the high court was a test
case instituted in Sioux City by H. H.
Sawyer against T. ]. Gallagher and
others. The action was tried on an
agreed statement Of facts. Gallagher
secured his license June %, 1909, after
the passage OF the Moon bill and be-
fore July 4. At that time there was
more than one saloon to every 1000
inhabitant in Sioux City. That was
agreed in the statement Of facts. The
only question involved was as to the
time the law became operative. II
the contention OF the drys that 1t be-
came effective upon being signed by the
governor, was held correct, then a per
manent Injunction should issue against
Gallagher, 1t was agreed. II 1t was
held, however, that the law did not be-
come effective until July 4, then Cal
lagher should retain his license.
Drys Won In Lower Court.
On this agreed statement Of facts
the case was tried before Judge F. R.
Gaynor in the Woodbury. district court.
He held with the drys and issued a
permanent Injunction against Gal
lagher. An appeal was then taken to
the supreme court.
In the high court it was contended
by attorneys for the vets that the rule
established by law was that all new
laws not bearing publication emergen-
cy clauses should become effective
July 4, after their passage. The fact
that the bill itself provided that .on
and after the passage OF this act" it
should be illegal to operate more than
one saloon for each 1000 people, really
meant July 1. the attorneys contended.
To put any other construction upon
the phrase, they argued. would be to
make the law retroactive in it's effect
for which there is no war