Evening times-Republican., 1913-11-26
Ruling in Fort Dodge Case Was That
Petition Based on City Election Was
Proper Rather Than on School Elso.
tion-Nsw Petition in pss Meinss
Being Circulated.

pOu list OF. such election Is the proper
source Of information of facts upon
this issue.
''The statute provides that the state
ment OF consent must be signed by a
majority of the voters residing in such
city. not in the independent school dis
trict. not in any political subdivision
Of the county, but majority Of the
voters residing in such city at the last
city election as shown by the
poll list Of such election.
Judge F. r. Gaynor Of the supreme
court stated that the court did not
hold, in the Fort Dodge saloon case,
that petitions Of consent must be based
ON city elections only. He said that
the court held that the Fort Dodge
petition was properly based on the city
election there. instead Of subsequent
school election, but that there was no
intention Of making the ruling general
in application.
Under the Interpretation Of the
language Of the decision. as quoted
above, the saloon men of Des Moines
have right to secure petition of
consent based on the election Of No
1912 and upon statement
from Judge Gaynor to that effect pro-
ceded to circulate the petitions.
In the general election last Novem-
Der, 1855 votes were cast in the city
Of Des Moines. The petitions, there
fore, will require 905S signers
Il Was Misintsrprsted.
AS soon as the decision as to Fort
Dodge became public It was generally
to mean that only city
elections might be used as basis for
the circulation Of consent petitions.
Yesterday afternoon people were
amazed to think that the saloon men
Immediately start the circula-
tion of their petitions, when it was an
acknowledged fact that the city
poll books had been destroyed.
But, according to Judge Gaynor. the
reference to city elections in the Fort
Dodge opinion was given to dineren-
tiate between city and school elections
as q basis for consent petitions. The
opinion Interpreted the statute only as
it applied to the Fort Dodge case and
was not q general Interpretation OF
the law as dealing with all saloon
consent petition cases. he says.
Judge Gaynor's explanation Of the
court opinion will put at ease saloon
men of several Iowa cities, besides
giving the Des Moines sa-
loon men an opportunity to secure
valid petition based on the last gen.
eral election.
When the opinion was handed down
and was interpreted as meaning that
only city elections could be used, un-
der the statute, as basis for con-
sent petitions, it was feared that suits
for injunctions would be brought to
close the saloons of several Iowa
cities operating under petitions based
on national elections.
There were but two points under
discussion before the supreme court
in the Fort Dodge case." Judge Gay
nor said last evening: whether the
board of supervisors was right IN
the petition upon the
basis of the last preceding election
or, as the anti-saloonists contended,
should have used the school election,
which followed the city election as a
basis.
Language Misleading"
"The statute is not clear on that
point. 1t merely says that the petit
ton must be signed by voters at the
last preceding election Because there
were but these two points at issue,
the wording of the courts decision
may have been slightly loose and mis-
leading. Where it stated specifically
that the signer should be resident
OF the city and that he voted at the
last preceding city election It was
meant to distinguish between the
city election and the school election.
"Then in case the Des Moines sa-
loonists obtain a sufficient number OF
signatures upon the petition they are
now, ever If they be tho
signatures of voters at the last general
election, will the petition be valid?" the
judge was asked.
II didn't say that. That has not
been decided by the supreme court,
the Judge answered. But, SO far as
this Fort Dodge opinion is concerned,
the petition would be. You under
stand that I'm not saying what the
supreme court would decide in case 1t
had to decide upon the legality OF
general election as basis for con-
sent petition. I'm Just telling you
what we meant in the Fort Dodge
case opinion"
There will be no need Of issuing a
opinion. the judge said.
The court in handing down the opin-
ion, did it as an Interpretation Of the
law only as 1t had to do with the
in the Fort Dodge case. he
said. and looked at from that view
point it's meaning Is clear.
Knew What They Were About.
When, yesterday noon, 300 saloon
men, each armed with two petitions,
one for saloon consent and the other
brewery consent, started out to cam
vass the voters Of Des Modnes for
signatures, they were the laughing
stock Of large majority Of the people.
"why, even tho they get enough
names. their petition will be useless
because the poll books Of the last city
election have been destroyed and they'll
have to base this petition on the gen.
eral election" was the substance Of
most everyone's opinion.
The saloon men admitted they were
basing their canvass on the general
election. but did not seem worried at
the Fort Dodge, decision Of the SUI
preme court.
Judge A. c. Parker. one Of the attcr-