The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-08-17
.COSeOn LAW WILL
. Be ATTACKED HERE
Attorneys ii Cases Which Come "
for final Hearings for injunetions
Intimate Attack On valid
ity Of Lave.
DOING IT AT CAPITAL
Case in Des Moines Court Now Being
Heard Attacks Law - Being
uneonstitutionai and Gives
Grounds.

| That the famous Cossor red ngnt
law would be attacked as unconsutu-
tfonaI when the final hearings on the
inimnct,ons asked by the state against
Eeanere and inmates OF alleged re-
sorts are held. was intimated by one
Of the attorneys for defense last
week The old Cossont law was m
vaIidated because of q faw IN its
"a sage There Was failure on lne
mart OF the speaker to sign the Din
The new law passed by the last iegis-
latnre is attacked on several GROUNDS
IN q case now being heard IN Des
Moines.
Ia being attacked in Dies MONIES VIII
no doubt be of interest here. ana me
following is taken from the heels'er
and Leader:
Iowa's famous red light law Is at
tackled as unconstitutional IN the m
junction case brought By county A.
forney George Wilson against tne
proprietors and owners q tne Deiie-
vue hotel.
Trial Of the state against Mt. ana
Mrs. Eliza NJ. Carter, VINO run ~.
place. and the Central trust co.a
pany, owner OF the property Desan
in Judge Ayres' court yesteloay
! The proceedings are the FIRST 20 Pc
n-oueht under the act passed by the
let General assembly, containing the
nrovisions OF the invalMated Cosson
law and made more stringent.
T,e state asks an Injunction
.vairst the Bellevue hotel on the
rround Il is used a. a resort Tor I'M
moral persons. II Judge Ayres mp
holds the states claim the hotel may
no closed absolutely for year anu
tha f,xtures may be sold by the state.
In demurrers fled yesterday, =. y
perry of Perry. Strip & Starzinger'
defending the Central Trust company,
and Thomas J. Guthrie. attorney Ior
the Carriers. made q sweeping attacA
on the whole principle OF the statute.
Flaw Ii Old Law.
1he old Cosson law, which mas
heen the model for similar statutes
IN many states, was inyalidated pc
cause of a flaw in rs passage
The new law is challenged on the
Ground that its various fundamental
nrn,,;sions are in conflict with the
state constitution
The defense's principal objections
to the statute are:
II conducts an action essentiaiy
OF a criminal ntaure through an
equity court ax.v
without due process OF law.
1 Denies Jury Trial.
It denies the accused the rignt OF
jury trial.
! vision regarding the ievyfng OF taxes
It dictates to the court the time
when a hearing must be held
It denies the defendants the r1gnt
to test the plaintiffs petition, when
NAV be fled by any person, by the
usual procedure OF motion or oe
murrer and compels the defendants 10
answer the charges within three days.
the demurrer, filed this morning.
but which will not be presented to the
court formally until the presentation
Of the defendants case. attacks the
provision In the law that allows any
one to bring action with trace OF
| bitterness.
.sThe 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 MS
building to be used for none put Iegi
innate purposes. is placed at the risk
| through no fault of his own, of losing
the use OF 1t for q year and suffering
other loss merely on its being proven
/ in an equity court that the property
"has bad reputation.