Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-11-27
SUPREME COURT MAY ADVANCE
pEs MONIES CASE TO JANu.
AIRY TERM.
LIQUOR ATTORNEY ARGUE
EFFECT ON OTHER AcT8
Claim Thirty.Flvs Curative Laws
Passed by Legislature Are Invali-
dated by Courts Ruiins-PstItion For
New Consent Based on Central Eisc.
ton Poll esins Vigorously Circulated.
Special to Times Republican.


Des Moines. Nov. 27.-Unless tho SUI
preme court orders that the matter OF
the rehearing on the Des Moines sa-
loon petition shall be advanced and
heard out Of It's regular turn 1t will not
come before the court before April
next. In the petition for rehearins
IL is disclosed what liz the hope Of the
saloon men for q chance at reopening
before another petition Is canvassed.
and that Is on the claim that this is
one OF the kind OF causes not triabe
de novo to the court hence all the su
preme court can do Is to remand the
case for another trial In the district
court This would leave the whole
matter undecided until after a second
appeal. The chances are greatly that
the court will allow argument and sub
mission OF the rehearing at the Janu-
ary term and not walt until in April
About the only new thing in the pc
tition for rehearing which A. G. Par
ker, attorney for the saloons. brought
out Is a claim that IL the principle on
which 1t was decided stands 1t will in
validate thirty-fve curative acts that
have been passed by the Legislature in
volving sixty three officials. and render
valueless every deed or mortgage or
similar instrument where acknowl-
edgement has been taken by one not In
fact at the time entitled to take such
Acknowledgements.
Usual List Of Errors.
The petition sets up the usual list OF
errors. In fact. according to the petit
ton everything In the decision OF the
I court is dead wrong and contrary TO
the law and to presidents and ought
not to stand. The principle applied
| by the court" says Judge Parker. lis
linapplicable. erroneous and the opinion
should be recalled" There now.
1t is evident that y strong point on
which the appellee will rely Is the
the main question before either the
district court or the supreme court,
hence the appellee did not argue 1t.
and hence 1t WAS not before the court.
and anyway that In deciding the case
on point that was not argued to the
court there was violation OF the rule
argued. This Is The point that the cur
because Of the fact that. It was an in
Valid instrument when hled and moth
ling could be done afterwards to make
it, valid.
Among other errors assigned as rea
son for the rehearinY Parker says:
| 1t was wrong to hold the curative
act did not validate the acts Of Miss
ICOhen
1t was error to hold the Legislature
can not make valid and invalid affl-
jdavIt.
The affidavit is not part Of the In
strument itself.
The instrument when signed was
valid as between the parties and the
Ionly question Is about defective PROOF
OF signatures.
| 1t was the legislative intent to legal
ize the acts OF Miss Cohen. She was a
de facto official anyway.
Time For Reply.
The petition was filed last evening
The appellants have time In which tc
make reply in print before any action
can be taken. Just why there was a
rush to get the petition filed Is not
lclear. as thirty days is given for the
same. There was no application with
1.-THE petition for any form Of stay OF
proceedings.
/ In the meantime the signing OF d
snew consent petition to he compared
with the poll books OF the last national
detection is under way. Over the door
OF the headquarters is the sign:
Sign saloon petition here Save Des
l,Moines. The City OF Certainties."
In the usual Thanksgiving church
services in the various cities OF the
state there was reference at many
places to the interesting situation
drought about by the closing OF tbs
saloons on a technicality and urging
THAT the people opposed to saloons dc
all they can to prevent securing suf-
lncient petition