Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-08-09
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carrier for hire, and was engaged in
carrying merchandise into the city of
Ottumwa from points both within and
without the state OF Iowa, and admits
1t owned and used In connection with
It's said business, an office and horses
and wagons as alleged and admits
that at the time named in plaintiffs
petition 1t transported, conveyed, de.
livered, at Ottumwa, Iowa, In inter
state commerce, intoxicating liquors
consigned to J. Erbacher and j. Xii.
linger, who resided in Ottumwa, Iowa,
without It having been furnished a
certificate as alleged in the petition.
signment OF liquors so transported and
delivered by It, It AYERS that the same
we're received by It for transportation
in a state OF the United States other
than Iowa from q consignor who was
lawfully engaged, In such foreign
state, in the business Of owning, pos
sessing, keeping for sale, selling,
shipping such intoxicating liquors,
that al such liquors, carried into OF.
tumwa, Iowa, In interstate commerce,
we're lawfully carried and delivered to
the consignees thereof; said con
signees having lawfully purchased and
paid for said liquors in lawful trans
actions Of purchase and sale between
the consignees thereof, In some state
Of the United States other than the
state Of Iowa. That as to whether any
part or portion. OF the said liquors
transported, carried and delivered by
1t in interstate commerce, were de-
livered to persons who, thereafter pos
sessed, sold or used It in violation of
the laws of Iowa, the defendant has
neither knowledge or information suf-
ficient to form a belief; denies all
knowledge and notice Of the intention
of the consignee of said interstate
shipment of liquors to any consignee
knowing or having reason to know 1t
to be the intention of the consignees
to keep, use or sell the same ii viola
ton Of the laws of Iowa, and denies
each and every other allegation In the
petition. AZ d
Further answering the defendant al.
leges, that as applied to the carriage
and delivery by It, of the beer and
liquors In interstate shipments, the
act of congress Of March l, 1918, com.
monty known. az the Webb-Kenyon
law, is contrary to and in contraven.
ton Of the constitution of the United
| States; and section No. 2,419 of the
code of Iowa, whether construed alone
\ or in connection with the Webb-ken-
4 yon law, is contrary to and In contra
\ vention Of the constitution OF the
SUnited States, and the constitution OF
1.-THE state Of Iowa, In certain respects
Hereinafter set out:
Upon the issues thus presented, the
lcause was heard upon the petition for
IA temporary injunction, and at the
! CLOSE Of the evidence the parties
mutually agreed, "that the evidence be
taken BY the court as a submission OF
Nthe cause upon It's merits on the ap.
plication for a perpetual Injunction"
Thereupon the cause wa &c finally
submitted and taken under advise
ment.
From the concessions made and evil
\ dence submitted on the hearing, the
following facts are established:
/. The provisions Of the mulct law
contained in the statutes of Iowa, have
not been in force In Ottumwa at any
\ time on or since March 4, 1913.
2. That on March A, 1913, the de.
rendant received from the Hamm
Brewing Co. OF Rock Island, Illinois, at
Its, the defendants, office at Rock
, Island, Illinois. one case OF beer con-
signed to ]. Erbacher at Ottumwa,
Nova, and that 1t transported the case
fof beer from Rock Island, Illinois, to
AOttumwa, Iowa, and there delivered
the same to said J. Erbacher, con
signee, on the 21st day Of March, 1913,
who receipted therefor and paid the
defendant the regular tariff rate
thereon.
March IA, 1913, the defendant
received at It's office In Rock
Island, Illinois, from the same
. c%onsignor, consigned to the same
tconsignee. at Ottumwa, Iowa, divers
.as Of beer, which 1t transported and
delivered to the consignee in like
manner and effect as the shipment
snade March IA, 1918.
4. On March II, 1918; the defendant
received at it's Office in Rock Island,
gIll., from n Huesing, c%onsignor, a
Ybox Of intoxicating liquors, consigned
to ]. .Erbacher, Ottumwa, Iowa, and
the defendant transported and deliver
ed said box of liquors to the con.
ssignee at Ottumwa, Iowa, on March 1S.
g1913, who paid the regular tariff rate
or charges thereon.
g.. On June II, 1918, the defendant
d received at it's office in Rock Island,
q ILL.,, from the >Hamm Brewing Co., con.
signor, a case Of beer, consigned to ].
Killinger at Ottumwa, Iowa, and the
defendant transported and delivered
said case of beer to J. Killlnger, con
signee at Ottumwa, iowa, who paid the
regular tariff rate or charges thereon,
6. That In each instance Of ship
ment above referred to, the consignors
were lawfully engaged in the sale and
shipments Of intoxicating liquors at
aock Island, H., and the consignees
respectively, purchased the beer and
liquors from the respective consignors,
and paid for the same at Rock Island,
ILL.,. and that each of said purchases
and sales were lawful insofar as con.
Germs the laws Of the state Of Illinois.
Z. That in each Of the shipments OF
tE ..S 1;r,,1~s roforroH .fn thu co0oc