The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-07-23
IOWA AND LIQUOR LAWS

: / iSWA HlNO LN&oSh law
Practically every legislature In the
state has tried its hand In making
laws regulating the use and sale Of
Intoxicating liquors; there has been
la constant change in the law and
still II can hardly be called salts
factory" says Chas. B. Kaufman
of the Davenport Bar. More cases
| involving liquor laws have gone to
the United States Supreme Court
from this state than any other state
in the Union; the majority of them,
however, were held unconstitutional.
| Leisy VS.. Hardin was possibly the
most famous case of them all; this
dealt with the statute prohibiting any
liquor to be shipped into this state
except to a holder of state permit.
| OF course such a statute was un-
constitutional because it was an in
| terferance with interstate commerce.
Not only have many of the laws on
this subject been held unConstitu-
tional, but some of them have been
changing with practically every leg
islature. About one hundred pages
in our code and supplement in ad-
dition to the almost countless decis-
ions have been devoted to our liquor
laws. Nevertheless we shall endeavor
to briefly state what those laws are
at the present time.
No one can sell or barter intoXica-
ting liquor without a license or per-
init. A person may though give a
drink to a friend; the giving must
however, be actual, in good faith and
not with the intent to cover a sup
posed sale or to avoid the law. Trav
cling statesmen. who by the laws of
the state are allowed to solicit orders
for the purchase and shipment of in
toxicating liquor from another state.
as a matter of practice often give
drink as an inventive to buy; this
however, is giving and not selling.
Certain persons are not entitled
to a drink of liquor under the law
of this state. The statute on this sub
ject is as follows: mo person by
himself, agent or otherwise shall in
any manner procure for sale or Civ
any intoxicating liquor to any minor
for any purpose except upon written
word of his parent. guardian or fam
lily physician or give to or in any
manner procure for or sell the same
to any intoxicated person or one in
the habit of becoming intoxicated"
Intoxicating liquor is not to be
imbibed as a beverage on passen-
ger. railway or street car. In the case
of mines the law goes still further
for there no one shall have intoxi-
eating liquors in his possession; like
wise no intoxicated person Is allow
ed there.
After the expiration of the present
consent petitions, If the statute is
not repealed before that time. intoxi-
eating liquors cannot be sold within
five miles of state educational in
stitution; this, however, is not appli-
cable to breweries when a prescrib-
ed form of consent Is complied with.
Likewise liquor cannot be sold with
in one mile of the encampment Of
the state militia unless the camp is
pitched where the liquor is on sale.
Any building used for the illegal
sale of liquor may be condemned
as a nuisance and the liquor itself
may be confiscated. Such a nuisance
may be abated by the suit of any
private individual and this oc-
casionally happens; much more Of
ten though the liquor is COntiscated,
but in what manner is not generally
made public.
Whenever there is a violation of
the law as to the sale of intoxicating
liquor such person can not sell the
same again for five years.
No brewery or stakeholder thereof
can at any time have an interest in
a saloon or operate the same"