Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-06-05
COUNCIL BLUFFS SAlOoNlSTS
GET TANGLED IN NET OF
MOON LAW.
FoRTY-THREE NOW CHARGED
WITH CONTEMPT OF COURT
Suits Begun to Test Rights to Sell Ii
quor in State Of pied to
JuggIe In New Petition of Consent
and Now Find Courts Against Their

Council Bluffs, June 5.-EverE sa-
loonist in Pottawattamie county with
the exception Of Max Meyer, OF Treynor
is to be made the defendant Of a suit
to test their right to sell liquor in the
state Of Iowa. County Attorney Frank
J. Cape!l has fled with the clerk of
the district court forty three criminal
proceedings against as many Pottawat-
tamie saioonists, charging contempt of
court in violation Of injunctions issued
against them. Twenty three more suits
in equity were filed against twenty
one saloonists, two of the number be-
ing the defendants in two suits. each.
asking that an injunction be issued to
prevent their further operation.
Brought Under Moon Law.
The suits are brought by County At
torney Campbell under q recent inter-
probation Of the Moon law by the SUI
preme court which held that the law
went into effect on April Is, 1909. Every
saloon in Council Bluffs was made the
defendant of an injunction suit filed
April Is, 1909. The suits We're filed by
the saloonists themselves, who hoped
thereby to secure a clean bill Of health
by securing new licenses from the city
council, thus coming into operation UNI
der new petition of consent, recently
circulated at that time, and wiping out
all earlier black marks on their record.
In pursuance Of this plan the saloons
closed one day asked for new licenses
from the city council. which We're
granted them and again resumed bust
ness
Plans Gang AT Aeey.'
But their plans, it now turns out only
served TO put them in a deeper predlca-
nent at the present time. They had
acted under the belief that the Moon
law had not yet gone into effect and
that the city council had the power TO
grant licenses TO all saloons then in
operation. The new Interpretation Of
the law holds that the city council at
the time they granted the new licenses
had the power only 20 allow one per-
nit for each thousand inhabitants OF
the city. The action of the council,
therefore, in granting larger number,
nullifies and makes invalid the entire
list granted, according to the interpre-
tation Of the supreme courts ruling by
Attorney General Cosson. upon which
Attorney Capell is working. Outside
of the city conditions are slightly diff
ferent, but every saloon in the county
with the exception of that operated by
Max Meyer, of Treynor. has been the
object of injunction proceedings since
the mulct law went into effect and
otherwise is an offender under the
county attorneys interpretation
All Are Hit.
Contempt proceedings arc brought
against every saloon which has been
enjoined under the nlulct law previous
to taking out Of the last and presuma-
bly, invalid license, against which an
Injunction has been issued Proceed
ings asking for an injunction are filed
against all others. Every saloon in the
city was made a defendant of either
an Injunction suit or a contempt pro-
ceedins by the petitions filed with the
exception Of Ed Murphy, go West
Broadway. and J. W. Crossen, 300
West Broadway, and when the fact
that there were no petitions against
these in the number filed was called
TO the attention of County Attorney
Capell he said that either the petitions
had been overlooked or had been mis-
laid and that the two named were
QCalIy lidpIe WIN llle rest
Many Saloons May Go.
Mr.. Capell stated that some Of the
contempt cases would be Immediately
brought before judge and the law
tested. The injunction suits will hard
~ come to trial before the fall term of
court In case the contentious of the
state in the cases are upheld by the
court, Mr. Capell said that it would
have the effect of reducing the number
of saloons in Council Bluffs to twenty
nine, the legal number under the mulct
law Should the injunctions asked for
be granted and the saloon keepers in
the contempt cases be held in con-
tempt. every saloon made the object
Of suit would be compelled to close.
The city council would then have the
right to grant licenses to the legal
number, twenty In the county
towns outside of the city the same con-
ditions will apply and no town in the
county will be allowed more than one
saloon.
The preparation of the petitions and
the looking UP of the record Of the sa-
loonists was q task and has taken the
attention of the county attorney and
mis- assistants for the past month.