Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-09
POLK COUNTY DISTINCT counr
RULES cossoM LAW 10 uM.
I CONSTITUTIONAL.
ATTORNEY GENERAL WILL
APPEAL 70 HIGH COUNT
says He 10 cerHdsnt Judge 0sWaas
Will Be Reversed and Law ousealnsd
Failure ef Spsaisr % heUss
Claimed BY stass Net 70 Do Vita
psfsel ~.

Special to Times Republican.
Des Moines. Aug. s.-The law paassd
by the Iowa legislature several ysArs
ago forbidding tho segregation OF 1m-
moral houses In cities OF Iowa, better
known ~ tho Cosson "red light lAw..'
was declared unconstitutional by DIS
trict Judge Hugh Bremen here today.
In doing 80 tho court sustained . Dc.
murrer In tho case OF Mrs.. Maurice
Lynch. nled by her attorneys TO an ap
plication to an Injunction brought un.
der tho Cosson law to close her home.
Attorneys for Mrs. Lynch attacked
tho validity OF tho law on tho ground
that the speaker Of the houso failed %
attach his signature to the enrolled
bill: that tho law permits the con.
fiscation Of property without duo pro-
cess OF law and jury trial: that 1t 10
possible to convict upon mere heafoAy
evidence. and that tho law seeks TO
mako things nuisances which arc not
nuisances In themselves.
The Cosson law was drawn by AZ.
torney General George Cosson. who AM
nounceS that tho case will be appealed.
II tho decision OF tho lower court -
sustained every city in tho state win bs
affected. !.
Case Assumes Large Proportions.
The Lynch case has assumed greater
proportions than At hrst was deemed
possible. It was started because Of the
finding by tho police Of two lawyers
at the home Of Mrs Lynch seated with
some women about . table with best.
The lawyers were there on legal busi-
ness. 30 they said.
When tho storm broke ana nsishbora
commenced to. tell and the. 1emRlos
visitors and "guestss at the Lynch
home commenced TO tell their st0gSeqs
It became evident that the Lynch No
WAS made use Of for lllegAl parp0g
and naturally enough the state nv -:
invoked to prevent the further ma OK
the property for immoral pufposeA n
was proposed not TO close tho place Tor
proper use but to close It for improper
use. Then the nsht commenced.
On behalf OF Mrs. Lynch Il II claimed
that the law (Which Is ono OF . half
dozen Cosson laws) 10 null and void
because Speaker Feely did not in fact
affiX his signature to tho bill ~ en-.
rolled and before It went to tho gov.
ernor. 1t Is claimed this Is in effect
complete veto OF tho bill.
Not q Vital Defect, Claims State.
On behalf OF the law It Is contended
that the act OF signing bill by . pre-
siding officer or clerk OF either house
Is merely for the purpose OF identifi-
cation and to give the governor evil
dence that the bin has been duly passed
by both houses. In this case. the rcc-
ords show the speaker announced that
he had signed the bill and tho record OF
the announcement was made. He un-
doubtedly supposed he had signed the
bill and intended to do so. Hence the
absence OF the signature is mere
clerical error.
The fact that such hard tight was
made against the law. or to have the
law declared void is taken to indicate
that others besides Mrs. Lynch have an
interest In destroying the law II they
can.
cosson Will Appeal.
Attorney General Cosson stated today
he will at once appeal from decision OF
Judge Brennan In the ''red light" In
junction law and that ne has no doubt
whatever the supreme court will re-
verse Brennan ana hold :he law valid.
Another Webb Kenyon Law Decision.
Centerville. Aug. s-Judge c. w. ver-
million. OF the district court here. late
yesterday rendered his opinion in the
case brought by the state against sha
United States Express Company for
violation OF the webb-Kenyon act In
carrying liquor into Centerville from
Rock Island. Ill. The court denied the
states request for an Injunction on the
ground that the state had failed to
show that the liquor was intended for
illegal sale. The ruling assumes but
does not affirm the constitutionAlity OF
the ebb-kenyon act, altho Judges
Hunter. of Ottumwa, and vermillion
heard Jointly the arguments on the
constitutionality Of the law. The to-
tumwa 5urist alone had to rule on the
legality. ~ In the case he heard It was