Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1916-07-20
Cannot lmprison vioIators Of
Liquor Injunctions.
FIVE MEN WILL BE RELEASED
District Judges Have Been Using New
Law To Punish Bootlegeers and
Violators of Liquor 'niunc-
tions-old Law In Force.

court rules invalid the law permit
ting district judges to sentence men
to serve term of not more than one
year In the penitentiary for violating
q liquor injunction. The court re-
wives the law which was in effect
with regard to handling injunction
violations previous to the law enact
ed by the last general assembly.
The court holds that a liquor in
junction is a civil proceeding and
violation of it can not be made pun
ishable by sentence in the peni-
Tertiary. However, the court may
punish a bootlegger for contempt of
court for violating an Injunction by
fine or Imprisonment in the county
Jail under the former law. which the
high court holds is still in effect.
The decision is in the case OF Mike
Flanagan Of Sioux City vs.. the Dis
trict Court of Woodbury. county.
Flanagan was sentenced to year in
the prison for violating an injunction.
Judge Oliver. in defending Flanagan
in an argument before the Supreme
court, claimed that the section of the
constitution framed to protect the
slaves prior to the civil war also pro-
tected Flanagan from a penitentiary
sentence growing out of civil pro-
ceeding.
The contention that person can
not be sent to the penitentiary with
out trial by jury, after a proper in
dictment has been returned, was sus-
tanned by the high court.
The high court says that the prison
sentence Is unjust and that FTana-
gan shall be arraigned before the
Woodbury. county District court for
sentence for contempt OF court under
the terms OF the old law.
There are five men in the Iowa
penitentiary serving terms for violat-
ing liquor injunctions. Four of them
were sent up from Wapello county.
New Member Parole Board.
Governor Clarke has announced the
appointment of w. s. Withrow of
Mount Pleasant, former Judge of the
Iowa Supreme court, as a member OF
the state board of parole.
He will succeed F. f. Faville Of
Storm Lake, who resigned after serv-
ing only seven days as member of
the board.
Judge Withrow, the new member,
was formerly district judge and serv-
al tx.yA a rnnnahnr ~ -
Iowa Supreme court. He will take
up his new duties at once.
VIII Not Enlarge Guard.
Adj. Gen. Guy E. Logan reports that
Iowa will not enlarge her national
guard organization under the Hay
Chamberlain law, effective since July
!. until further orders are received
from the war department.
According to the adjutant general
special orders have been received to
do nothing along this line until word
comes from Washington. Iowa will
have to raise a guard Of about 10000
men, but we are given FIVE years to
reach that minimum.
New Insurance Ruling.
By ruling of the Iowa Supreme
court IN the case of Murphy VS.. Con-
tinental Insurance company, appel
liant, the term farm utensils" used
in farm insurance policies is broader
than the term garden tools" and in.
cludes any instrumentalities within
the meaning of the word utensils"
used on a farm, including stock
scales and windmills. This is OF great
interest to farm and tornado insur-
ance companies which have refused
to insure windmills.
Discus Stock Shipment Ruling.
The Iowa Animal Health commits
sion at its meeting at the state house
discussed the question of admitting
stock into the state on affidavit that
the animals are for immediate slaugh.
ter. When the owners make such an
affidavit they do not have to show
certificates that the animals have
been tested for tuberculosis. DR.. ]. l.
Gibson, state veterinarian, says many
shippers are taking advantage of this
AFFIDAVIT and bringing in animals
which have not been tested to sell
to breeders.
Discharge Soldiers With Families.
An order just issued by the war de-
partment permits the discharge OF
members OF the national guard who
have dependent relatives. These dis
charges may be made by the COM
manders. When commander learns
that a soldier has one or more de-
pendent relatives it is his duty to in
form the soldier of his right to make
application for discharge.
Roads Pleased With Taxes.
Representatives of all railroads op-
Grating in Iowa were present when
the state executive council began its
session as board Of review to equal.
lie assessments in the state.
On the basis of earnings last year
they declared that railroad properties
should not be disturbed.
The total earnings last year were
$S9,o55.424; operating expenses $685.
3s2.s57; net earnings, $22.672.467. The
roads paid s3.654.122 in taxes last
year. Interurbans paid $10S.5S4 in
taxes In 1915.
kepford Resumes state Job.
A. e. Kepford will re-enter the state
employ as tuberculosis lecturer.
A year ago Mr.. Kepford resigned as
lecturer to enter the evangelistic field.
He found the work too strenuous and
determined to drop It. The state
board of control had not filed the
nnoitiop ~ sfafa lacfura,. folIour;c,