Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-07-26
ARGUMENTS MADE
in LIQUOR CASE
JUDGES HUNTER AND VERM'L'oN
JOINTLY HEAR THE COUNSEL
PRESENT VIEWS.
INDIVIDUAL RULING
Both Jurlsts Will Pass Independently
4 on the Injunction Aetlon-opln'
Ions Expected Within
Short Time. ...

Final arguments were heard yestel
day evening in the liquor injunction
case. The court adjourned at 6:3
after hearing the attorneys for Dot
sides The matter has been taken ur
der Amusement.
These arguments are the outcom
Of request for Injunction against tn
limited States Express Co., In which
a. ia charged that the defendant com
many Transported liquor into dry terri
tory In violation of the Webb Kenyon
law governing the Interstate franc 0
intoxicants. -. =.
The states side of the case wa
handled by Attorneys Gillies and WHIT
more of this city and County Attorney
Wykoff of Centerville.
The defendants presented more
counsel, several companies other thar
the United States Express sending
their legal advisers. William E. Mil
Ter of Des Moines, lead the defense
He was assisted by Attorneys Gradon
a representative of the Adams Express
Co. of Cincinnati; Zoilerman of the
Northwestern Brewers association, OF
st. Paul, and Elgin of Centerville, fol
the Milwaukee railroad.
Cite Their Objections.
Instead of basing their defense on
the question of the constitutionality
of the Webb-Kenyon law, the attorneys
presented three points Of law for the
court to decide on. That the liquor
seized and on which the state makes
its charge, was for personal use, was
the first of these.
The new law, according to the at.
torneys for the defendant, was passed
and made effective only in cases per-
tanning to the illegal sale of the same.
Under the law as passed, the state
has no right to an injunction, as con-
gress failed to provide any remedy or
PENALTY in case of violation by any
carrier. The court is asked to dis
allow any Injunction on this ground.
The constitutionality of the measure
is assailed, and number OF author'
tiles quoted to establish this 1act.
AfIidavits purporting to be quotations
from former President Taft, Attorney
General Wickersham and Elihu Root
are offered as evidence that the new
law is in discord with the constitution.
Refer to Wilson Law.
The attorneys for the state confined
most OF their argument to the legality
of the new law. They cited an in
stance in which like measure had
been passed and read the decision OF
Chief Justice Fuller In which this law
is upheld. This was known as the
Wilson law, passed In 1890, and ap-
plicable to shipments Of liquor in the
original package into a dry territory
At the closing of the arguments, the
two Judges hearing the case announced
that they would take the case under
adyisement and offer their opinion as
soon as possible.
This is perhaps the first time that
two courts have occupied one bench
in this county, Judges Hunter and Yer
million presiding jointly. The matter
was SO adjusted in this instance as
time saving scheme for the attorneys.
The Centerville case, with the excep-
ton of the parties receiving the liquor,
is identical with the local action.
Judges to Act Singly.
The two Judges, in making their
decisions, are In no way bound to con-
fer or to make joint answers. Their
partnership dissolved when they
stepped off the bench last night. Judge
Hunter stated this. morning that he Is
ilready at work on his ruling in the
case, which will be completed in less
MAN two weeks.
That the case is just started is the
..,,.,ion of those who have been watch
the matter. Regardless of the rul-
r If the lower court, the losing side
y undoubtedly take the matter to
H., supreme court of the state, and 1t
IN probably be tried by the United
States supreme court before finally
disposed Of.
That large amount of interest Is
being evinced in this case is shown
+, the fact that attorneys from Gin.
cinnati and St. Paul volunteered their
aid in the arguments. Previous to his
arguments, Mr. Miller stated to the
court that he had received aid from
ether attorneys in preparing his case,
and did not presume to present all OF
his argument as his own work. This
aid, he stated, he had received from
attorneys for various railroads and ex-
press companies all over the country,
including their chief counsel in the
east .-r. . o., -. ....t d..