The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-12-23
[AUD|TY Of REPEAL Of
| MULCT LAW TO BE FOUGHT

!
| probably be the first to reach the su.
preme court, although similar action
! IS being taken in other Iowa cities.
He said that some Of the best legal
talent In the state would be employ
| ed IN the fight, but refused to make
any mention of the grounds on which
/! the plalnt1ff's case would be based,
| should 1t enter the court This card
will be played later.
| II this case is the first to reach
the supreme court the decision will
erect the whole of Iowa.
| Opening Guns Fired.
FOLLOWING the lead of other Iowa
cities, the first guns have been fired
| in keokuk against the validity Of the
repeal Of the Iowa mu1ct law.
In week and day, Iowa will be
dry territory and in an effort to form
a basis on which to fight the mulct
| law repeal, Attorney Frank M. Bal
1inger, for his client, Philip Nickel,
local saloonkeeper, filed yesterday
afternoon with the city council, pc
tition asking that Nickel be granted
a license to sell liquor in this city
for the year 1916.
| 1t is set out in the petition that the
Plaintiff has no desire to break the
law, but feeling that the Iowa mulct
law has not been validly repealed,
wishes to make but one sale as test
for a foundation to carry the battle
into the courts, up to the supreme
court of Iowa as the goal.
The idea is that II the plaintiff
feels that the mulct law is still in
force, then he must proceed to do
business under the mulct law, IL
cence is one OF the things necessary
under the old law to be granted only
by the city council. Otherwise he
would not be complying with one OF
the provisions Of the mulct law, and
there would be little or no chance to
fight the validity of the repeal Of the
law.
Make One sale,
II Nickel should be- liable to comply
with all the provisions of the mulct
law, then, according to the petition,
he would rent building and on some
day on the opening week of the new
year, make one sale. Before hand,
Attorney General Cosson of Iowa, and
other state and city authorities and
the newspapers would be duly notified
of the transaction so that they could
take the necessary legal action to
close up the place. a.,ssys. .5,..s
Then the battle would be on. Nick
ell, through his attorney, Frank M.
Ballinger, would base his case on the
proposition that the mulct law Of
Iowa had never been repealed and
that he was within his rights in sell
ing liquor in 1916. The case would
first come sup in the district court
here.
If the court should decide for the
plaintiff, the liquor store = would be
opened and run until the state had
carried the case to the supreme court
Of Iowa, or put in operation any 9th
er legal machinery to close the bust
ness again.
On the other hand, II the court
should decide against the plaintiff,
the case could be appealed by him to
the supreme court and there the h2-
al battle would be fought.
OF course, If, after the authorities
had been notified that the sale was to
be made. and nothing was done In the
matter. the saIeSof liquor would go on
until some action was taken.
To operate under the old muIct law
It was necessary to get the consent
of the owner of the building, consent
of all property owners within ffF
feet of the buidmg, put up bond OF
$4,000, pay theffMulct tax Of $3.50, and
get license from the city council.
License Hardest to Get.
The latter is the hardest nut OF the
bunch. The payment of the mulct
tax for the quarter ending March 81,
1916 would be made to the county
treasurer. IT, is probable that he
would refuse to accept it, but would
write out his refusal and this would
be deposited with the $3.50, in a bank,
subject to the treasurer's draft.
Attorney Ballinger said last even
ing before the council had passed
upon the petition, that the city Wouli
not be overstepping It's authority IN
granting the petitorf, or be taxing
action contrary to the law or iowa.
He said that it would be but a simple
case of justice and that the saloon IN
terests Of Keokuk were entitled to It,
He stated that the city, by granting
the wish of the petitioner, would not
he officially opposing the repeal OF
the mulct law.
Keolsuk is not the only spot in Iowa
where the fight is being waged A
half dozen other cities are taking
identical steps and in one at least
TIL city has given the saloonkeeper
the necessary license for him TO
make his sale to establish a test case.
MI. Nickel is the proprietor OF the
Grand saloon on North Sixth street.
and has been in the business since
Nav. 1914. He states that he is not
irving to evade or violate the laws or
Iowa and only wants to be granted
the permission to establish a 1ounaa-
tion on which to base his test case
All state and city authorities would
be- notified before hand OF the time
and place of making one sale ,, the
son to whom it will be made. Nickel
states he would make 20 other sale
If Intoxicating liquors until the ques-
ton has been determined IN the
courts
The Petition to the City.
Following is copy of the petitioa
that Attorney Frank Ballinger flled
,,-;+, +ba city council yesterday after