Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1911-09-27
EVERY SALOON
IN THE COUNTY
IS CLOSED
Judge HObsOn Decides Case at 1890
O'clock This Morning.
SUPREME COURT ALSO ADVERSE
Both District and Supreme Court
Render Decisions Knocking Out
Saloons, and Every Saloon
Closed Immediately.

The long drawn out fight against
saloons in Winneshiek county ended
this morning at 1890 o'clock, when
Judge Hobson in the district court
rendered his decision in the second
mulct consent petition matter the
second appeal from the finding of
the Board of Supervisors, in which
the consent petition was declared
to be sufficient, holding that the
names of voters who had died or
removed from the county between
the time of election and the date of
the circulation of the consent peti-
ton should be counted as residents
under the law, and be considered in
determining the percentage of sig
natures.
1t will be remembered that the
petitioners claimed before the Board
of Supervisors that these names
should be deducted from The list OF
voters, and the board sustained the
claim and declared the petition suffi-
cient. Counting these names the
consent petition would have lacked
the required 65 per cent and been
insufficient. The matter was appeal
ed to the district court, and the case
came to trial this week. By stipula-
ton the only question for determine
alton was whether or not the names
OF voters who had removed from the
county or died between election day
and the time of circulating the petit
tion should be counted as residents
OF the county. In his opinion this
morning Judge Hobson stated that
several mulct consent petitions had
been before him to decide upon in
which this would have been a deter
mining factor, but that the question
had never been raised before. New
ertheless, he believed that the law
clearly provided that these names
should be counted, and therefore the
petition is insufficient. and so ruled.
The request for a ruling permit
ting the saloons to keep open until
the matter had been determined in
appeal TO the Supreme Court was
denied, and consequently the saloons
throughout the county closed imme-
diately. Attorney E. w. Cutting
leaves tonight for Des Moines, and
will attempt to secure an order from
the Supreme Court permitting the
saloons to reopen and do business
until the case is finally decided by
the Supreme Court, but until such
order is granted the saloons must
remain closed.
Yesterday the Supreme Court of
Iowa handed down its decision upon
the motion for new trial of the
former consent petition matter be-
fore that body. upon the question Of
Withdrawals from Withdrawals, over
ruling the motion, and holding that
after a signer to a mulct petition
signs a withdrawal, that the sign
ing of another withdrawal does not
have the effect of restoring his name
to the petition. So that this finally
disposes of the saloon question in
this county, with the exception of
the trial of the appeal of today's de-
cision before the Supreme Court.
and If this decision is affirmed, then
the saloons must remain closed until
another valid consent petition is
secured. which cannot be circulated
under the law until after January
| 1st. =
Judge Hobson adjourned court at
noon and departed on the Rock
Island for his home in West Union.
! Following is a digest of the proceed
! ings of the term:
DEGREES quieting title as prayed
were granted in the following cases:
Jas. III. Jensen VS.. John l.. Turner.
Andrew Il. Quinn VS.. j. w. Banning
ct al.
George Brockamp VS.. Caleb A. Saw
yer ct al.
j. C. Young VS.. Viola F. Noble ct al.
George Huber VS.. Benjamin b. Rich
ards ct al.
Ruth ]. Moore VS.. Frank ID. Pierce
| et al.
j. Jackwitz VS.. Elizabeth Day ct al.
Final reports were approved in the
cases of:
Orphanus A. Richards VS.. Amanda
| Bauchman ct al.
Gideon Beebe VS.. Sophia Morris ct al.
Glenn Zweibomer VS.. Herman Zwei-
bonner, Sr. - N
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