Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-02-11
Judge D. M. Anderson in
Opinion Filed This Morn
ing Declares Saloon Petit
ton to be insufficient.
MONGERSON NAMES
WE'RE THROWN OUT
South Ottumwa Solicitor
Declared in Opinion to be
Not Reputable and 81
Names Dropped.

ANOo AsSPN0S$OAS s*AAS% "
Names Dropped.
The saloon consent petition, au-
thorizing Ottumwa to have legally op.
Grated saloons for period of five
years, was declared insufficient and
invalid in the opinion filed by Judge D.
M. Anderson with Clerk William T..
Wilson this morning The Abba jur-
list declared the statement of consent
to be short of containing the required
fifty per cent of voters by twenty
three signatures. The court threw
out sixty-four names secured by l.. A.
Mongerson, recognized 294 withdraw
ais as legitimate and sustained chal-
lenges Of the drys to eighteen other
signatures.
The petition of consent when filed
December 10, 1912, had an apparent
majority of 1853 names. The total re-
auctions made by Judge Anderson's
ruling amounted to 376, leaving the
petition insufficient by twenty-three.
The vets are considering an appeal
to the supreme court. Attorneys for
the petition stated today that no deci-
sion on the question of appealing will
be made at once. The opinion of
Judge Anderson would first be gone
over carefully by the vets before any,
thing definite as to an appeal Will be
made public.
County Clerk Wilson stated today
that the witness fees in the district
court hearing of the petition would
not be paid until the vets had decided
definitely whether or not to appeal
the case. The $1,000 bond securing
the costs of the district court hearing
is still in the possession of Clerk
Wilson.
The Opinion in Brief.
The history of the present saloon pc
tition is first referred to by Judge An
derson. Then follows his decisions on
numerous challenges made by the cen:
testants. Among the ruling made by
the court are the following:
Challenges Of signatures of dead
men and some removed from the
city overruled.
Challenges Of signatures secured
on Sunday, NOV. "a overruIed.
Challenges Of certain names be-
cause not identical with the poll
book overruIed where differences
are found In the last name, such
40 Douglas and Douglass.
Challenges Of names signed not
within thirty days Of the circuIa-
ton sustained, and parole testi-
mony declared not admissible.
Challenges Of names where the
initials differ sustained.
Challenges Of one name is sus-
tanned because signature is de-
cIared forgery. The other charges
Of forgery are sustained because
Of errors In signing, rather than
Intentional forgery.
Challenge Of names Of solicitors
because same were paid for work.
Ing with the petition overruled.
Four Withdrawals are declared
void because parties were paid for
signing. Four additional with
drawals are thrown out because
they were not signed by the voIun-
tary act Of the party.
w. 8. Wilson, John Mcclure, j.
n. Genochio, J. w. kitto and
Ernest Davis given clean bills of
reputation.
L. A. Mongerson declared to be
not reputable and sixty-four sigma
lures are wiped from the petition
on this ground.
The saloons closed on July 1, 1911
A petition was circulated in December
1910 to continue the saloons for five
years from July /, 1911, but this was
defeated in court. Another petition
was circulated in January, 1912, but it |
was not filed with the board of super
visors because of an insufficient mum.
Der OF names.
The petition just declared invalid by
Judge Anderson was put in circulation
on November 10, 1912 and filed with
the board on December Is, 1912 and
case opened Jan. "a.
The Opinion In Full. /
Judge Anderson's opinion in full
follows:
In the district court of Wapello
county, Iowa.
Thomas D. Foster, ct al, contestants,
vs. l.. T. Crisman, ct al, proponents.
Opinion:
At the last general election in the
city of Ottumwa, Iowa, there were
polled as shown by. the poll books re-
turned by the election officers to the
county auditor 5,158 votes. Commenc- t.
Ing on November 10th and ending on
December 18th, 1912, there was circu-
lated in said city petition Of general
consent under the provision of Sec
ton 2448 of the code supplement for
the sale Of Intoxicating liquors in said
city under the provisions Of what is
termed the "mulct law"
On December 18th, 1912, the petition Of
gener | consent was filed by the pro-