Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-01-14
SHANE is after
The GAMBLERS
REPRESENTATIVE FROM WA
PELLO COUNTY WOULD HAVE
STRINGENT LAW PASSED
ALI CONCERNED HIT
Legislator Drafts Bill That Includes
All Identified With Any Gam
ing Enterprises-The
Measure.
] ALL CONCERNED Hit

Gamblers are to be made few ana
far between in the state of Iowa il the
law proposed by Representative Frank
Shane of Wapello county Is placed on
the statute books of the state. Repre-
sentative Shane has drafted bill
that hits the gambler and the owner
of the building in which gaming is
conducted which is additional to the
present state law that refers to
gambling. Mr.. Shane's bill complete
is as follows:
Be it enacted by the general as
sembly of the state of Iowa:
Section Whoever shall keep,
conduct or maintain house, place or
shop resorted to for the purpose Of
gambling, or suffer or permit any per-
son in any house, shop or place I'M
der his care or control to play at
cards, dice, faro, roulette, equality or
other games of chance for money or
other things, is guilty of nuisance,
and the house, shop or place where the
same is carried on or permitted, and
all furniture, fixtures, devices and in
struments kept and used therein for
such purpose are hereby declared to
be nuisance, and shall be abated as
under this act, any person who has
the charge of or attends to such house,
shop or place is the keeper thereof.
Section Whenever a nuisance as
herein defined is kept, maintained or
exists the county attorney or any cit
izen of the county may maintain an
action in equity IN the name of the
state of Iowa to perpetually enjoin the
same, the person or persons keeping,
maintaining or conducting said nui-
sance and the owner or agent of the
building or place upon which such
nuisance exists. In such action the
court or, in vacation, the Judge, shall
upon presentation of petition there
for alleging that such nuisance exists
allow temporary Injunction, without
bond, if 1t shall be made to appear to
the satisfaction of the court or Judge
in the form of affidavits, dispositions,
oral testimony or otherwise, as the pc
titioner may ELECT unless the court or
Judge by previous. order shall have
fixed the form and manner In which
1T shall be presented. Three days
notice in writing shall be given the de-
fendant Of the hearing of the applica-
ton, and If It then be, continued at
his instance, the writ shall issue as
matter Of course. When an Injunction
has been. granted, it shall be binding
upon the defendant throughout the
judicial district, and any violation
thereof shall be contempt and pun
ished as hereinafter provided.
Section 3.-The action when brought
shall be triable at the first term OF
court after due and timely service OF
the notice is given, and in such action
evidence of the general reputation OF
the place shall be admissible to prove
the existence of the nuisance, and any
person resortirg to the house or place
where such nuisance exists or partici-
pating in the games therein played
may be compelled to appear and tes-
tify, but no such evidence shall be
used against such person or witness
on the trial Of any criminal proceeding
against him. If the complaint is filed
by citizen, the cause shall not be
dismissed except upon a sworn state
ment made by the complainant and his
attorney setting forth the reasons why
the action should be dismissed, and
the dismissal approved by the county
attorney in writing or in open court.
If the court is of the opinion that the
action should not be dismissed, he may
direct the county to prosecute said
action to Judgment If such action
shall remain rnOn the docket for two