Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-18
ATTORNEYS IN FRED LIGHT"
CASES At kEokuk CLAIM
STATUTE INVALID.
SAY PROPERTY OWNERS
ARE DEPRIVED OF RIGHTS
Allegation Made That Accused Persons
Are Denied Right Of Trial by Jury
Action Comes as Result Of General
Crusade Against Resort Keepers
Similar Action Begun in Des Moinss.

Keokuk, Aug. 1S.-That the famous
| Cosson red light law would be attack
| ed as unconstitutional, when the final
hearings on the injunctions asked by
| the state against keepers and inmates
of alleged resorts are neld. was inti-
| mated by one of the attorneys for de-
Tense last week. The old Cosson law
was invalidated because Of flaw in
its passage. There was a failure on
the part of the speaker to sign the bill.
lature is attacked on several grounds
IN case now being heard in Des
Moines.
The grounds on which the new law
S being attacked in Des Moines viii
10 doubt be OF interest here, and the
following is taken from the Register
and Leader:
lowa's famous rs1 light Law is at
tackled as unconstitutional in the in
junction case broughI by County At
torney George Wilson against the pro-
prietors and owners Of the Bellevue
hotel.
The proceedings are the first to be
brought under the act passed by the
last general assembly. containing the
provisions of the invali6ated Cosson
law, and made more stringent
The state asks an injunction
against the Bellevue hotel on the
ground it is used as a resort for in
moral persons If Judge Ayres up
holds the states claim the hotel NAY
he closed absolutely for s. year and
the MIXTURES may De Sold ~ the state.
In demurrers ilei yesterday E. D.
Perry. of Perry, Stipp & Starzinger.
defending the Central Trust Com pany,
and Thomas j. Guthrie. attorney for
the Carriers, made a sweeping attack
on the whole principal Of the statute.
Flaw in Old Law.
The old Cosson law, which has been
the model for similar statutes in many
states was invali0ated because OF
flaw in its passage.
The new law is challenged on the
ground that its various fundamental
provisions are in conflict with the state
constitution.
The defense's principal objections to
the statute are:
Il conducts an action essentially OF
a criminal nature thru an equity
court.
It deprives citizens Of property with
out due process of law.
Denies Jury Trial.
It denies the accused the right OF
jury trial.
II violates the constitutional pro-
vision regarding the levying OF taxes
It dictates to the court the time
when a hearing must be held.
1t denies the defendants the right to
test the plaintiffs petition. which may
be filed by any person, by the usual
procedure of motion or demurrer and
compels the defendants to answer the
charges WITHIN three days.
The demurrer fled but which viii
not be presented 10 the court formally
until the presentation Of the defend
ants case, attacks the provision in the
law that allows any one to bring ac-
ton with a trace of bitterness.
The law places the owner OF real
estate at the mercy Of any irrespon-
sible scalawag," read the Central Trust
Company's demurrer. 1t adds that a
property owner, believing his building
TO be used for none but legitimate pur-
poses, is placed at the risk, thru no
fault OF his own, Of losing the use Of
il for a year and suffering other loss
merely on its being proven in an equity
court that the property has had bad
reputation"