Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-11-28
APPARENT SUPREME COURT HAD
CITY ELECTIONS IN MIND SIN
FORT DODGE CASE.
EXTRACTS FROM DECISION
DISPUTE GAYNoR's VIEWS
Temperance Forces Confident .Decision
Was in Favor Of City Elections As
Basis For Canvass Of Sisnatur and
That Supreme Court Will Not Re.
verso Itself.
Special to Times-Republican.

Des Moines, Nov. 2S.-No sooner had
retail liquor dealers would have to Sc
cure new consent petition than their
attorney challenged the accuracy and
fairness of the newspaper correspon-
dents and reporters in having some
weeks ago heralded to the world the
fact that in the Fort Dodge saloon
case the supreme court had decided
that petitions must be canvassed and
compared with the poll lists Of a city
election and that alone 1t will be- re-
called that at the time it was pointed
out that the sole issue in the Fort
Lodge case was as to whether &
school or special bond election would
do to compare with, but that the court
plainly went further and held that no
election other than a city eiec lion
would do for comparison.
In view Of the controversy started
here and its possible application else
where in the state it will be interest
ing to note Just what the supreme
court dec!nded, for that is the rule
Of law until some other case come UP
where it may be changed, and there
Is no evidence whatever that the court
would reverse itself The opinion was
written by Justice Gaynor and con-
Cured in by Justices Weaver. WithroW.
Deemer and Ladd. No language could
have been made palmer.
One DISTINCTION Made.
The court quoted the law as to a
INA jority of the voters residing in
such city voting therein at the last
preceding election as shown by the
poll list of said election and called
attention to the fact that when refer
ence is made to petition in a county
then reference is not TO the last pre-
ceding election" but to the last pre-
ceding general election" Then the
court said:
These sections deal with cities
and towns and are made for the pur-
pose Of regulating and controlling the
sale of intoxicating liquors with u
cities and towns. They refer t. nc
other political subdivision except
those herein indicted and the petition
is circulated to secure the consent of
those residing in the municipality re-
ferred to. and whether the consent is
sufficient, is to be ascertained by a
reference to the poll lists Of the last
preceding election Of the municipality
referred to in the statute. and concern
ing which the legislature was in the
statute attempting to deal
Reference to "city" Frequent.
And again in discussing the matter
the court says:
ut was the thought Of the legisla-
ture and expressed in the statute that
the voters, residing in such city, VINO
voted at the last preceding election
should alone be competent to sign such
petition of consent This evidently re-
fers to the last preceding city cleo
ton in which the voter participated"
Once more the matter is reverted to
as follows:
"The legislature Is dealing WITH ci;-
les an dtowns and regulating the sale
Of liquor therein, and therefore, when
it speaks of elections it refers to
those elections held in cities and towns.
Any other construction would be forced
and strained"
Once more the matter was covered
as follows:
1T would seem therefore that the
recuiremen Of the statute is that the
one signing petition Of general con-
sent should be voter residing In the
city, that he voted at the last pre-
ceding city election, etc.
There is also reference to the fact
that a school district may not always
be Of the same area and cover the
same territory as a city or town. Con-
tinuing the decision says:
THE statute provides that the state
m ent Of consent must be signed by a
majority of the voters residing in such
city. not in the Independent school
district, not in any political sub-divi-
sion of the county. but majority of
the voters residing in such city voting
in such city at the last preceding city
election as shown by the poll books Of
said election, to-wit, the city cleo
ton
The court finally declines to enter
upon a discussion of the meaning of
Election" in an abstract way, say
ing:
1--WE are satisfied from a reading
of the statute itself. that the election
referred to is the last preceding mu-
nicipal or city election"
Same Argument Applies.
Attention has been called 10 the fact
that while it is true that the boun-
dary lines of a great many school dis