Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-19

say that section has the effect to cx-
tend the limit ~ passed by the act OF
the Thirty-first general assembly and
the right 10 do 30 Is expressly negatived
by the last clause of section 4 Of the
act Of the Thirty fourth general as
sembly.
Counsel say that the time 1t
which such consent shall expire AZ by
law provided has reference solely 70
its expiration by revocation or forfeit
ure as provided by code section 2541.
But why so narrow It's application? Az
ter this section was enacted and before
the passage Of the Moon law. the leg
islature had provided for an absolute
and unconditional expiration Of such
consents by mere lapse Of time. 80 that
at the date of the latter act every gem
eral consent was liable to expiration by
revocation on a sufficient petition Of
the electors or by lapse of the fve-year
period. On what principle then shall
we say that in providing that section
2 OF the Moon law shall not operate to
extend any consent beyond the time at
which 1t will expire by law. the legis-
lature had in mind only an expiration
by forfeiture or by petition or revo-
cation and not an expiration by lapse
Of the statutory period? We discover
no ground for the distinction"
The effect of the decision is to put
out of business sufficient number Of
saloons so that the number in every
city shall be reduced to one for eacn
1000.
Five Hundred Affected.
More than 500 Iowa bar rooms will
close their doors within a limited time
as result of the decision of the court
In every city or town where saloons
exist in excess Of the one to 1000 ratio
the excess number will have to go when
the general petition Of consent given
by the voters expires.
Temperance workers are jubilant
over the action OF the supreme court
They say the decision is the greatest
temperance victory in Iowa in many
years.
But three or four saloons will be at
fected in Des Moines. Davenport, Bur-
lington, Clinton, Sioux City and Coun-
Gil Bluffs will lose a large number Of
their biggest taxpayers. The working
of the law will be noticeable in some
small towns that have a large number
of saloons. According to information
received at the office of the attorney
general yesterday. there are more than
twenty towns In the state with a pop
ulation Of less than 1000 that support
from four to twenty saloons.
Weaver Writes Opinion.
Justice Weaver wrote the opinion.
The widely circulated argument Of the
liquor interests that the saloon license
is a continuing right was knocked
squarely in the head by the high court
When the Moon law became effective.
every city and town the court says, was
bound to reduce the number OF saloons
as provided for by the new statute. The
decision OF Judge David Mould, OF the
Woodbury. county district court. and
that Of Judge Lawrench DeGraff. Of the
Polk county district court. were entirely
upheld on this point. 1t was the intent
Of the legislature. the court assumes. to
make the cut just as soon as 1t was
time to grant general petition Of
consent
In the decision two cases are con-
sidered and were consolidated because
Of their sameness OF purpose. The
cases are w. j. Comfy. of Sioux City.
saloon keeper, against E. G. Dilley as
sheriff Of Woodbury. county, and the
state Of Iowa on relation Of John B.
Des MoineA against the Des Moines
city council for It's granting Of consent
petitions.