Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1914-08-20
'DRYs' WIN BATTLE
J. n. JONES FOUND GUILTY OF
CONTEMPT AFTER DISTRICT
COURT HAD ACQUITTED.
SIOUX CITY VETS LOSE CASE
United States Supreme Court In De-
eision Recently Rendered uphoIds
Iowa Statute Which Permits the Re-
view of Evidence In Cases.

Iowa Statute Which Permits the Re-
view of Evidence In Cases.
Des Moines.-In an order sent to
the Iowa supreme court the United
States supreme court upholds the con-
stitutionality OF the Iowa law permit
ting review of contempt proceedings
by means of a writ of certiorari. The
ruling is in the case entitled John Fl.
Jones, citizen OF Sioux City, VS..
Judge David Mould, and affirms an
order placing fine on Jones for viola
ton of an injunction prohibiting the
sale of intoxicating liquors.
Jones had been enjoined from sell
ing liquors by the Woodbury. county
district court. In 1911 he was called
before the court on complaint that he
had violated the injunction. The
court held the evidence to be INSULT
cient and dismissed the case. The
temperance faction, not satisfied with
the action, applied for writ Of GER
tiorari to the supreme court.
The supreme court ruled that there
was sufficient evidence and remanded
the case to the district court with in
structions to punish Jones for con-
tempt. Jones then appealed to the su-
preme court of Iowa, and met defeat.
He took the case to the United States
supreme court and has met final de-
feat
In appealing to the Iowa supreme
court, Jones held that as he had
been tried by the district court and
been discharged, the supreme court
was without power to place him in
jeopardy the second time, as VIOLA
| ton of the federal constitution.
The court rules that this section ap-
plies only to crimes, "and contempt,
though proceedings for the punish
ment of crime, is generally spoken OF
as semieriminal. and is not crime"
The court said that the law, al
though an old one. had apparently
never been assailed before. although
it had been applied in scores Of cases.
The section questioned reads:
"No appeal lies from an order to
tunish for contempt, but the proceed
ings may in proper cases be taken to
a higher court for revision by certi
orari."
The ruling is important to the tenn
perance faction in their fight against
the illegal sale of liquor, in order that
the injunction law may be properly
enforced. 1t determines that II the
lower court errs in its ruling, the
higher court may reverse the proceed
ing and the yiolator be punished.
The court. in its opinion states that
| the proposition as advanced by
Jones, who is backed by the "wets, "
is that the statute infiicts punishment
upon one charged with contempt, with
out due process of law. The court
says that the right to proceed with
out an indictment or calling jury
and to assess punishment upon those
found guilty OF contempt of court has
heen an attribute of all courts Of rec
ord in every stage OF the development
OF our system OF procedure. Without
it, the exercise of judicial authority
would often be reduced to the merest
farce, the ruling says.
Officers Named for Court Martial.
Fourteen officers OF the Iowa Ma
tional guard we're appointed, by Adj.
Gen. Guy e. Logan to form the court
martial for the hearing of all cases Of
violation of the police rules at Camp
Dodge during the maneuvers this
week. The officers are: Lieut.. Col.
Mathew A. Tingley. Lieut.. Col. Win
fred H. Bailey. Lieut.. Col. Charles w.
Cotton, Lieut.. Col. George W. Ball,
Major Eliza c. johnson. Major Smith
w. Brookhart, Major C. M. Stanley,
Major John F. Ready. Capt. Edward
S. Giest, Capt. Charles j. Casey, Capt.
Jesse B. Howell, Capt Timothhy ].
Mahoney.
State Makes Big Saving.
The state board OF control put
through deal during the advance in
price of sugar which will save the
state big sum OF money. II took bids
by telegraph and contracted for 49,.
900 pounds OF sugar at rate OF s4.SS
! per hundred.
The board is not advertising for
bids for all state supplies. Owing to
the unnatural advance due to the war
in Europe. 1t Is Instantaneous
time for the old contracts to expire.
Iowa July Fire Record.
According to Ole o. Roe, state FIRE
marshal. the fire record for Iowa in
July was good, the losses showing
SOS 900 less than the corresponding
month of 1918. During the last month
the total losses amounted to $3.50, 900.
Iowa Public Buildings.
Nine Iowa towns have been appro-
priated funds by congress for the pur-
chase OF sites for new postoffice build.
ings. Among the appropriations is
one for $4,000 for site for the new
federal building in Des Moines.
Iowa towns given money for new
postoffice building sites are: Abba,
$4,000; Carroll, $4,000; Cedar Falls,
10000; Cherokee. $4,000; Fairfield,
5000 for additional ground; Marengo.
$500; Newton, $4,000; oelwein, So
600, and Yinton. $1,000,
Warden Sanders Case.
John Fletcher, assistant attorney
general, has requested that the case
OF Warden Sanders be fixed for hear
ing at Fort Madison Aug. %. San
ders is attempting through habeas
corpus proceedings to have declared
invalid an ordinance OF the city of
Fort Madison which prohibits the en-
ployment of convicts from the peni-
Tertiary within the city.
Sanders was making Chautauqua
address on July 80 when the case was
originally set for hearing and a post.
ponement was asked.