Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-11-24
Des Moines, Dry Since
Saturday, May Get Stay
of Order.
REHEARING is SOUGHT
ProhibitionistS Ready to Back
Up Legal Point Upon Which
Court Acted.

Des Moines, Ia, Nov. 24.-Witf
every saloon in town closed tight a:
a result of a supreme court decision
! Saturday, there was little prospec'
today of any effort to reopen woul,
be made before tomorrow. Judg
( Parker, representing the liquor into
ests. said an application for a rehea-
( ing upon which might be expected q
stay of execution permitting saloons
/ to operate 80 or so DAYS would hardly
I be filed today.
Prohibitionists are preparing 10
fight the application for reheaTius.
and il was announced even should the
saloons be permitted to temporarily
reopen, the demand for closing mEde
Saturday under another decision
would be renewed and applications for
injunctions filed.
The other decision referred 20 was
the case of the Fort Dodge saloons,
where the court held a saloon con-
sent petition must be based on city
election The Des Moines petition
which was knocked out Saturday was
based on a national election, and at
Fort Dodge the question was not
brought up and it is therefore an en-
tirely different issue.
Through the carelessness of a wom-
an all Des Moines saloons have been
forced to close their doors.
Every one OF the city-s SO thirst
parlors went dark at 4:30 o'clock
Saturday afternoon, following the
rTTfng OF the Iowa supreme court on
the famous Pilkington VS.. Potwin case
wherein the Des Moines Citizens as
sociation endeavored to close up local
saloons on the ground that the mulct
consent petition Of 1910 was INSULT
cient
Basis Of Suit.
The Citizens association based its
suit on the grounds the 1900 names
certified to by canvassers before Bes- /
sic l.. Cohen. a supposed notary pub /.
lie, were invalid in that Miss Cohen's I
as notary had expired ,
prior to the time the canvassers certi- /
fed their lists before her.
The Retail Liquor Dealers associa-
ion secured the passage of a curative
act in the state legislature in April.
1911. hoping TO overcome this irregu-
arity. Meanwhile the case was rul-
ID in favor of the saloon forces by
Judge James p Hewitt, in the district
,ourt of Polk county.
The supreme courts decision Sat
Irday reversed Judge DeWitt's rul-
ng, holds the consent petition invalid
md declares the curative act passed
y the legislature illegal.
The case is complicated" said the
ourt in beginning its discussion.
Several arguments have been made
more than the rules allow, but as
here has been no motion TO strike we
ave laboriously and carefully eX-
mined the entire record and endeav-
red to get at the real merits.
I'VE shall first consider the ques-
ion as 10 whether or not the notary .
'ss a defacto officer. The facts in Z
egard to her appointment and her I
citing as notary briefly stated are. i
hat on Nov 9, 1910. she made ap- Z
lication TO the governor for appoint I
rent as a notary; but that she neg
,cted to procure a recommendation Z
Y an officer. On Nov. IA. 1910, the r
pplication was returned TO her which I
ne supposed TO be her notary COM a
Iission. The affidavits in question [
ere made four days later, Nov. 19, a
30. She did not discover that the [
had not issued until so g
formed by letter while she was at f
reston, Ia, in March, 1910 .
Not Notary. c
1T appears that certain of the can d
sssers made affidavit that they Wit d
essed the signing OF the names on
e statement of consent before one /
sssie L. Cohen, notary public. Such Il
are dated Nov. 19. 1911, and d
70 names are contained therein.
lid Bessie L Cohen was not actual Ie
commissioned as a notary until a
arch 16. 1911 II is contended by II
e appellees that at the time the ar u
lAvfts were made before her she
rs a defacto officer and further that Z
II acts we're legalized in April. 1911.
the legislature, chapter 229, Thirty {
urth general assembly"
''In our opinion she was not an Of
er defacto. B
I'VE are Of the opinion that il the &C
yislature had undertaken to cure w
E defects in the proceedings of this +
Sc from the beginning by the usual Is
Gamble and recital which are the p.
cessary accompaniment of every of
rative act, il could have done so, vc
the legislature may cure any de- al
Z which IL might originally have tn
Ipensed with. That is TO say. Il pc
aid have authorized the billing of 10