The Oskaloosa herald., 1911-07-27
THE MOON LAW
TO Be TESTED
Case Started at Sioux City in Which
All Disputes viii Enter.
WILL Be AN AGREED TEST CASE
CHARGES of Law Violation Against
Charles Berger, the Peg Upon
Which Arguments on Both
Sides will be Hung.

Sioux City, July 25.-Special: A
test case will be brought at once Il
determine the various and sundry
perplexing questions which have arts
en- all over the state relative to the
enforcement of the Moon law, limiting
the number of saloons in all cities oil
the state to one to each 1000 of pop
ulation.
Charles Berger, a Sioux City saloon
keeper, has been selected as the per
son upon whom the test proceedings
win be based.
This was decided upon yesterday
following a conference between Attor'
ney General Cosson and Attorney
Will E. ohnston, of Ida Grove.
Berger was arrested Saturday in
Sioux City. The sole charge against
--friim- was -that~he~-T~ta operating asa
loon in violation of the Moon law.
Sioux City has seventy-eight saloons
and is entitled to but forty-seven un'
der the Moon law, If the states con-
tention is correct. He has instituted
habeas corpus proceedings to secure
his release from custody. The hear
ing will be held Thursday of this
week and it will be the start OF the
ttst case.
In some cities it has been held to
mean that all existing licenses were
to continue in effect until the holder
of the license should give it up or
lose 1t through a violation OF the law,
this despite the fact that at the time
there may have been more than one
saloon to each 100 inhabitants.
The state and the anti-salOOn for
ces have contended that the law re-
quired the council to cut down the
number of saloons to one to each
1000 population, the persons securing
licenses last to be cut off in order un.
til the number had been reduced to
that required under the Moon law.
l. In all the proceedings thus far
brought in the courts over this ques,
ton there is no prospect of an imme-
diate appeal to the supreme court.
Both sides believe that the question
should be settled Immediately and
once for all. Hence the attorney gen
eral has agreed to push the test case.
BY using the Sioux City case an ap-
peal can be perfected and presented
TO the supreme court in September.
1t is stated that when the original
bill passed the senate and went over
TO the house, the house committee
having it in charge tackled on seven
amendments. The records of the
house show, it is said, that all seven
Of these amendments were adopted by
the house and made a part of the act.
Yet, 1t is claimed, only five of these
amendments were reported back to
the senate, and only five were acted
upon by the senate, the other two
losing out somewhere along the line.
There is a possibility that the validity
of the act may be questioned because
of this alleged error.
Every indication is that the Sioux
City court room will be filled with
legal lights when the test action is
called up. The attorney general will
be represented in person and by
County Attorney Jepson, of Wood
bury county. H. H. Sawyer and At
torney A. NJ Havner, OF Des Moines,
anti-saloon league attorneys, will al
so be on the job, it is stated. For
the defense Attorney Will E. John.
ston, of Ida Grove, and the law firm
of Henderson e. FreibOurg will aD.
pear.