The daily Gate City., 1911-12-20

the first and second classes in excess
OF the 1, to 1000 ratio fixed by the |
Moon law must close Immediately, is
the opinion Of Nels ]. Lee who is as
sistant in the office of George Cos
son, attorney general, who says that
in all cities the saloons are operating
under petitions OF consent approved
since April 10, 1909.
Several interesting questions have
arisen from the decision Of the su-
preme court filed yesterday sustain
ing the Moon law
How will the city councils decide
which of the saloons that have been
operating legally shall be cut down to
the required number? This question
is left to the different city councils
to decide, 1t is said
Will saloons existing under petit
tions of consent that do not expire
for two or three years, continue to
operate, although in excess Of the al
lotted number In community. until
the general consent petition expires?
This is the most. important of the new
questions, it Is believed. s,iis
1 In Full Effect by 1911.
1 When the thirty-frst general as
sembly fixed the five year period for
the limit of the life of general petit
ton of consent secured from the vot-
ers, it fixed July 4, 1911. at the date
when all petitions existing under the
law was passed, should expire. From
that date until April is, 1909, when the
Moon law was signed by the governor
and the ratio clause became law, 1t is
certain that number OF general con-
sent petitions throughout the state
were approved by the county board Of
supervisors. Some Of the petitions
may run as late as 1914, but in any
event, if it is decided that such petit
tions shall give saloon legal life.
the Moon law will be in full effect in
1914.
There was no publication clause in
the Moon law.
K The supreme court held that the
ratio clause became law in fact when
| it was signed sby the governor. The
liquor interests held that 1t did not
become operative until July A., the
] date fixed for all laws to become
Operative by the constitution, when not
Eotherwise specified. Between April
Is and July 4 of 1909 a great many
resolutions of consent, were granted,
anticipating the operation OF the law
to begin July a. The high courts s
ruling makes invalid all saloons oper.
ating under such resolutions where
they exist in excess of the ratio.
Effect on Small Towns.
1t is interesting to recall that the
Moon law provides that one saloon
may be legal in a community of less
than loco population, but that it re
quires population of 1000 to make
two saloons legal
/ In towns OF small population
where several saloons exist to a popu
Ilation Of, in some cases less than 1.00t
people, the question of the fife of q
general consent. petition issued after
the law passed by the .thirty-first gen
eral dSSSiHDly Wuo SudSbSu, unu socloie
1.-THE Moon law became operative April
Is, 1909, is considered Of the greatest
moment.
In Lee county the towns of Mont
rose, Donnellson, West Point and
Franklin will be limited to one sa
loon each.
I Saloon Partnership Hit
The decision of Judge Lawrence De
Graft of Des Moines.. which has been
handed down from the district court
holding that saloons cannot be oper
ated by a partnership, a corporation
or by any one except qualified cleo
tor, will not affect any of the saloons
lin Keokuk, according 10 information
gained from the city clerks office to
day There is not a single saloon
license in Keokuk at the present time
which is being held by other than an
individual, who is a qualified elector
1t is said this decision will affec'
many saloons over the state, including
thirteen in Des Moines.