Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1911-07-07
APPEAL !| 4 OF NO AVAIL
Lawyer Says The Federal Court
Will Not Consider the Case
IOWA COURT RULING FINAL
Il 10 Reported That Hotel and CAFE
Men Are Raising Funds to
Carry Their Case to the
- Higher Court.

men are Haso'n9 VuHoS "
Carry Their Case to the
;. Higher Court.
Des NOTES.-THE hotel and cate
men will gain nothing by appealing
to the United States supreme court
from. the ruling Of the Iowa supreme
court declaring the traffic of liquor
In cafes and eating houses to be IL
legal, according to Attorney M. s
Odle of the Iowa Anti-Saloon league
1t has been reported that hotel and
cafe men are planning on raising
funds this summer to carry their case
to the highest court in the land.
In my opinion such move will
gain them nothing" said Attorney
ode. "In cases such as this the SUI
preme court will not grant a hearing
unless there is federal question in
velved. can see no federal ques
ton in this case. Hence if the hotel
and cafe men do take the case up
the United States supreme court,
the high court will not hear the case
on its merits. There are lot Of ap
peals which 60 up to the high court,
but which are dismissed by that
court because there are no federal
questions involved"
If Attorney Odle's contentious are
true, then the ruling of the Iowa gu.
preme court Is final, and the practice
of having walters tote" liquor into
cafes for patrons will be thing Of
the past for good and all in Iowa, or
at least until the law is changed.
The supreme court in its opinion,
based on a test case presented on
statement of facts agreed to by
"wets" and "drys," held that prop.
rietor of cafe was dispensing" Mq.
uor when he permitted his walters to
60 cut to saloons and purchase liquor
for patrons.
Hence they held that the cafe
proprietor who permits such practice
was guilty Of maintaining a liquor
nuisance, for the Iowa liquor lave
specifically prohibit the owner OF
proprietor Of an eating house from
handling liquor.
After Stock Food People.
Continental stock food companiet
are being notified by Commissioner
Barney, Of the food and dairy depart
ment, that they must pay the $10t
state license for the privilege of do
ing business in Iowa not later than
July 18th. He says there has al
ways been more or less trouble with
these concerns, as many of them alb
solutely refuse to pay the fee. They
continue to sell in the state, but are
losing ground because several deal
ers who have sold their product.
have been prosecuted for violation
Of the state law. Last year thirty
I'VE companies paid the license
Nearly sixty companies sell thei,
products to Iowa dealers. Commits
sioner Barney will this year start
proceedings against the manufacture
srs as well as against dealers.
Under New Rulers.
The State College for the Blind
located at Vinton, has ceased to be
under the jurisdiction of the state
board of control and will become
the ward of the state board of edu.
cation. The law providing for this
change was passed by the last gen.
eral assembly
The College Of the Blind has al
ways been considered more of an
educational than charitable insti
tuition, and Tor this reason there has
gradually grown up sentiment in
favor of placing the college under
the control of the educational board.
Articles Of Incorporation.
The following articles OF incorpor.
alton were filed with Secretary of
State Hayward:
The Lewis Mutual Telephone com.
pany, Lewis; capital stock, $1,000.
The Western Buyers association,
Council BiuEs: capital stock, $4,000
The Brooklyn Creamery company,
Brooklyn; capital stock, $4,000.
The Waterloo Amusement com.
pany, Waterloo; capital stock, $1O,.
900.
Henderson's Debut July II.
Judge Henderson's first appear.
ance before the state railroad com.
mission as the new commerce ooun.
Gel of Iowa will be July 18th. On
that date he will present the appli.
cations of shippers in Iowa for a
new minimum live stock rate.
Under the present classification
the minimum is fixed on the weight
FOR cars thirtysix feet long. The
shippers are asking that it be fixed
on the basis of the weight which
cars thirty-one feet long will carry.
Barney to Help Farmers.
Commissioner Barney, has taken
q hand in the organization of COOP.
erative creamery companies in Iowa.
This action has become necessary
because of frauds which are being
practiced on the farmers. He is now
sending to farming communities a
model set of articles of incorporation