Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-11-05
|NTERV[N[S
susPENDs FINES OF DIES MONIES
DRUGGISTS CONVICTED OF
SELLING BEVERAGES.
CUTS ANTl-sALooN LEAGUE
ATTORNEY OUT OF LARGE FEE
Governor Holds Druggists Were limo.
cent of intentional Violation of Law
in Sale of Bevetone-Enforceme OF
Fines Would Prevent Druggists From
Selling Property.

ternoon suspended NneS OF s-pV III
posed against each OF fourteen Des
Moines druggist for the sale OF beve-
tone, beverage said 10 contain a
slight trace of alcohol. Incidentally,
he made il impossible for NJ. s. Oole,
attorney for the Iowa Anti Saloon
League TO obtain a 10 per cent fee
for the collection of the fines which
would aggregate $3.50.
The action OF the governor means
that the fourteen druggists III ques-
ton will not be required to pay the
fines assessed against them by Judge
Utterbacll of the Polk county district
court so long as they do not again
sell aicohoiic liquors, beyetone in
Guided.
Not in Sympathy With Prosecutions.
In suspending the fines Of the drug
gists, Governor Clarke left no doubt in
the minds of those at the hearing that
he was not in sympathy with the
wholesale prosecutions started by W. G
Barber. superintendent of the Iowa
Anti Saloon League, and NJ. 5. ode. Its
chief counsel and raider. But he said;
Il am assuming that all persons di-
rectly connected with these cases are
acting in good faith.
IF every one is so acting they GER
tainly can not find any fault with my
action
At the suggestion of Attorney %
E. Scheutz. the governor said he yshld
endeavor to so word his order ~ each
case as 10 provide for a ceScellation
of the fines after a cer1fn length o.
time. presumably befor5he relinquishe-
his office.
Attorney sch56tz pointed %, il
would be difficult for any druggist to
dispose Of Zeal estate with a juds-
E j. Brisk, justice OF the peace and
one of the attorneys who appeared in
behalf of the druggists said unhesitat-
igsiy that he believed the prosecution
ST the druggists FOR selling bevetone
"savored OF commercialism
Attorney OGle viii receive an aT
tcrney's fee of s25 in ca n case as the
governor has ~ power TO suspend
costs ode, however. VIII lose the 10
per cent fee for collection OF the fines,
They Present Remonstranoe.
Ode and Barber appeared before
the governor with a document they
termed remonstrance. In this they
undertook TO show that the majority
! Of the druggists seeking relief had
wiifully sold liquor and mad been err
joined prior to the institution OF the
contempt proceedings for the sale of
bevetone
Barber made few remarks near
the close OF the hearing, because, as
he said. his good faith in the matter
had been questioned. Barber declared
he believed that the drinking of beve-
tone created an appetite for liquor
and ultimately might result in the
drinkers Of it becoming inebriateS or
finding It necessary to take the booze
cure
Didn't Consult State Office.
Attorney NSilcoxsen demanded OF
Mr.. Barber that he explain Why he had
Company. manufacturers of bevetone,
instead of harrassing the druggists
VINO were selling the beverage under
the belief that it vas free from al
cohol
Barber replied that he had been I'M
able 10 find the articles of incorpora-
ton III the county recorders office.
Did you consult the secretary OF
state" queried Attorney DAILY.
Barber answered negatively. but
gave no reason for not doing so.
Thought Utterback Was Right.
Governor Clarke made it clear he
believed Judge Jtterback had acted
in accord with the law when he fined
the druggists and said he wanted il
understood he vas not attempting to
interfere with the handling of judicial
affairs
He recalled. however. that he had
been of the opinion for several years
that the sale of a beverage contain
ing an insufficient amount Of alcohol
to cause person to become intoxi-
Gated was not a violation Of the law.
The supreme court. he said. had not
taken this view. but had ruled that
the slightest trace of alcohol in bev
erage makes its sale illegal.