Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-05-18
IOWA suPREME COURT TAKES
FAIL OUT OF SALOON
ATTORNEYS.
REFLECTIONS ON WOMEN
AND CHURCH uNcALLEp FOR
Liquor Dealers Defended by Lawyer on
Ground That "choir Leader and
Singer at Funerals" Was Patron
Court Rules That Judges Have No
Discretion in Certain Injunction Suits.

court yesterday made two important
rulings on liquor cases, decisions that
will interest all who have to deal with
the enforcement Of liquor laws.
In the case of Fisher vs. Skoglund.
from Ida county, the court held in eff
feet that the district court does not
have unlimited discretion in regard to
cnjoining for liquor nuisance and
where the existence Of the nuisance Is
|conclusively shown the court does not
have discretion. In the case of Judge
vs.. Powers. from Carroll county. 1t
was held that the filming Of a person
for violation Of an injunction is not
conviction" within the meaning of
that law which provides that one who
has been convicted Of violating the
laws as to sale of liqours shall not
have the right to again engage In the
business for five years. Violation of
a liquor injunction Is not a crime in
the ordinary acceptance Of the word.
Defends "old Ladies"
In the Fisher Skoglund case the
court, Justice Weaver writing. took
fall out of some critics and defended
the 'old ladies'" After quoting testi-
mony as to the goodness of the man
who had sold the LIQUOR the decision
says:
Possibly in Justice to the appellees
we should add to these statements the
testimony given by their counsel in his
argument to this court that Mr.. Skog-
lund Is one Of Iowa's best citizens
and that to reverse the ruling Of the
trial court will mean an injustice and
wrong to one of Gods noblest and best
men, The court trusts that it is not
lacking in due respect and reverence
for the character and standing Of men
who can command such tribute as this.
but we are nevertheless at some loss
to imagine upon what consistent
theory, conceding the literal truth Of
his own showing and rejecting entirely
the testimony for the prosecution, de-
fendant can At himself into the role Of
victim Of heartless persecution, even
tho It be true, as counsel assures us,
that these proceedings have been in
spired or supported by few old ladies
OF the W. c. T. u According to his
own statement he not only violated the
law but violated 1t repeatedly Had
he been a permit holder and the sales
complained Of, while technically un-
lawful. had been made in good faith
and under the belief he was complying
with the law, no court would be In
clined to deal with him harshly or to
reject his plea that he has reformed
his method Of business and is now con-
Quoting 1t with strict regard to the re-
quirements of the statute. But de-
PENDANT knew that he had no permit
and that any sale made by him to any
person under any circumstances or for
any purpose was unlawful. The ques-
ton Of good faith or of reasonable ef-
fort to avoid imposition is not and can
not be in such a case. Nor can we
comprehend the process of reasoning
chaser of liquor illegally sold Is the
leader of a church choir and sings at
funerals lends an odor Of sanctity to
the act Of the illegal seller. But per-
haps such is not the idea which ac-
tuates the pleading and proving Of cir
cumstances Of this nature A certain
historical character has been quoted as
saying he would go mile out Of his
way any day to kick a Sheep and
there lisa similar. tho perhaps not in
applicable, impulse in the defense Of a
certain class Of cases involving alleged
violations Of law to go even further
from the merits OF the controversy in
order to kick church or to cast dis
paraging imputations upon the old
ladies' whose consciences impel them
to the thankless duty Of insisting up
on general obedience to the laws of the
land"