Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-27
SALOON PETITION IS DECLARED
insufficient AND OTTUMWA
WILL Be DRY AFTER JULY | 1911
Il. Continued y

| . (COntlnued
eral consent showed a clear majority
Of fifty-three names comparing with
!, the registration books, and checked as
Lvoting on the alphabetical registration
lists, all of which clearly identified
the voters with the signers."
| Satisfied With Result.
Attorney Chester Whitmore ex'
presses himself as pleased with the
finding made by Judge C. w. Vermll
ion this morning and in statement
regarding the ruling expresses con-
fidence in me holding of Judge Yer
million being sustained in the event OF
the case going to the supreme court.
In commenting on the case Mr.. whit
more had the following to say:
II feel that the result does not call
for any comment from counsel Tor
contestants. Our situation and duty
has been simply that of attorneys Tor
our clients. The voters of this city
have spoken pro and con on the sub
ject and the court after very care
full, painstaking, impartial and well
considers trial has spoken as the
representative of the law governing
the subject and has said In effect that
the majority of voters in this city have
not in the manner required by law
expressed. their willingness to have
saloons or brewery In their midst al
ter July /. Therefore they will have
to cease operation at that time and
may not reopen until a sufficient new
statement of general consent is OBJ
II, ho
before February Of next year, as the
law provides that only one statement
Of consent may be canvassed IN eacn
year, and the present statement was
canvassed in January OF this year
Contestants urged at the trial oD-
jections to many more names which
the court did not rule upon, probably
for the reason that he did not regard
it as necessary in view of the result
reached by him in considering only
two of the propositions we urged. We
are satisfied that these further objec-
lions, not ruled upon, are well taken
and that as matter Of fact the
statement Is short several hundred
names Of majority. Should a. ap-
peal be taken to the supreme court we
are satisfied that the rulings of Judge
Vermilion will be sustained, as his
opinion only follows several cases ad-
Indicated by the supreme court upon
the same propositions. And IN the
event of an appeal we are satisfied
that proponents cannot obtain q stay
of proceedings or stay the result Of the
holding"
The Courts Opinion.
The courts decision in the saloon
case is complete as follows:
IN THE DISTRICT COURT OF WA
PELLO COUNTY, IOWA.
In the Matter Of the Statement OF Cen
eral Consent to the Sale Of Intoxi-
eating Liquors in the City Of Of
tumwa, Iowa.
Sumner Siberell ct al, Contestants and
Appellants,
s. r. Cheadle ct al. Proponents.
This is an appeal from the action of
the board of supervisors of Wapello
county in adjudging sufficient the state.
ment Of general consent to the sale OF
liquors in the city OF Of
tumwa. Those who filed the statement
have been, and will here be designated
as proponents and the appellants as
contestants.
There are two propositions Of law
involved in the case, either Of which,
If determined In accordance with the
Of the contestants, it is
will be decisive of the
whole matter The contestants claim.
In the first place, that no name on the
statement of consent can be counted
that is not identical with correspond
Ing name on that one Of the poll books
Of the last preceding general election
which was deposited with the county
auditor. The proponents. on the other
hand, insist that the term poll list"
as used in the statute, to which more
particular reference will presently be
made, is a general term and includes
the registration book, alphabetical
registry lists, and both poll books; and
that, il by a reference to any one or
all of these, itcan be determined that
a name appearing on the statement Of
is the name of a person who
voted at the election, it should be
even ii it be not identical with
the name of the person as it appears
on the poll books.
A brief reference to the history Of
The legislation involved will throw
some light on the question. The mulct
law, under which Intoxicating liquors
may, under certain restrictions, be
sold, without subjecting the seller to
The penalty of the general prohibitory
law Of the state, was first enacted by
he 25th general assembly in 1894. Sec
Ion II of chapter 81 provided that
he payment Of the mulct tax should
20 bar to prosecutions for the sale Of
liquors In cities OF five thousand inhab-
tants when, among other things, "a
written statement of consent signed
~ a majority of the voters residing
n said city who voted at the last gen.
sral election shall have been filed with
he county auditor" The supreme
court had this act under considera.
ion and concerning the question now
,nder discussion said: THE registra-
ion lists and the poll books prepared
With such care, when duly authenti-
:ated, and coming from the proper
custodian, are the best evidence Of
Who cast the ballots at the election.