Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-03-19
ASSESSOR PECK
WANTS TO KNOW
MAYOR GORDON ORDERED SEW.
. .ERAL PERSONS SERVED WITH
MULcT NOTICES.
TOO LATE NOW.
Time for Serving This Spring has Ex.
pired and Mr.. Peck Has Sought
Legal Advice as to His Duties
r "a in the Case. -

cit is too late now, said Assessor
John Peck this morning when ap.
preached with regard to the notice he
received few days ago from Mayor l..
A. Gordon requesting him to serve no.
tice on some twelve to fifteen persons
alleged to be selling liquor In Ottum.
wa contrary to the mulct law. 1.-THE
letter from Mayor Gordon gave me a
surprise" continued. the assessor, land
while am going to do my duty as
see it and conform to the laws govern
ing my duties, am at loss to so
construe section 2433 of the thirty
fourth general assembly. This was
cited me in Mayor Gordon's letter but
I can not see that it is my duty to
serve persons of whom | have no
knowledge that they are selling liquor.
For the present the matter Is being
gone into by the city solicitor and the
attorney for the temperance league and
expect to receive Instructions from
the solicitor as to what my duties IN
the premises are" #
Ordered toIServe Notice.
Mr.. Peck recently received notice to
serve mulct notices in his capacity Of
assessor, on certain persons whom the
letter purports to be selling liquor con-
trary to the mulct law. Only one of
these named in the letter has been
prosecuted, although number of them
have had their places searched, and
this led Assessor Peck to hesitate in
serving notices as requested by the
mayor. He sought advice from the
city solicitor and counsel for the Citi-
Zen's Temperance league who have
thus far held that upon the assessor
being made aware through evidence
supplied by the league, he should serve
notice on the suspects. The language
of section 2433 of the laws of the
thirty-third and thirty-fourth general
assemblies permits Of different con-
struction and does not specify as to
persons suspected of being bootleggers.
It is under this section that Mr.. Peck
claims that he has always served the
saloon keepers with notice OF their
assessments but as the time for max
ing the returns to the auditor is fixed
for not later than the twentieth Of
March. June September and December
give five days notice to the seller Of the
matter. 7s
Awaits Instructions.
Mr. Peck states that he is placed in
a predicament, in that he stands liable
to be fined $50 for non-performance OF
duty it he wilfully neglects or refuses
to perform his duties as assessor, while
on the other hand the law is not clear
to him that his duty lies in serving
mulct notices on those whom witnesses
of the Temperance league say are sell.
ing liquors although there be no record
of cinviction or prosecution against
the persons so named. If the solicitor
decides after the consultation that is
now on between him and the counsel
for the league, that it is the duty OF the
assessor to follow the instructions laid
down by the mayor, it is likely that by
June 20 the returns will be made to
the auditor showing certain persons
assessed for selling liquor. Mr.. Peck
said that he wants to know, and there
are others in the city who are quite
as anxious. RI
... Not the First Time.
The matter while presented now url-
der different circumstances than pre-
viously, is not new to the assessor, for
about the time that the saloon ceased
to be legally conducted business in
Ottumwa, an attorney who has been
active in the fight against booze
awaited on Mr.. Peck and ordered him
to serve mulct notice on a we'll
known fraternal organization in Ottum-
wa He demurred on the grounds that
he had no evidence that the lodge sold
liquor The attorney insisted the
lodge was selling liquor, but did not
supply. evidence to that effect and
when asked to file information against
the order, refused to do so. 1
One feature about serving OF the
mulct notice is, that the building in
which the liquor is alleged to be sold
is taxed if the tax is not paid by the
person said to be selling the liquor.
This increases the interest in the mat
ter and brings others than those al
legged to be selling liquor, into the
case.