The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1916-01-11

A decision as to whether or not the
mulct law repeal was yalidly made
was asked of Judge w. l.. Mcnamara
in the superior court this morning, in
the second days fight of the test
case which was instituted yesterday
when Philip Nickel sold a bottle of
beer. The state this morning through
County Attorney E. w. McManus and
Assistant Attorney General G. A.
Robbins, filed demurrer to the petit
ton fled by the plaintiff yesterday.
In his argument this morning CCun-
ty Attorney McManus declared that
the decision as to whether or not the
repeal was validity made must be de-
cided from the Judicia knowledge of
the court. He held that evidence
could not be admitted which would be
other than documentary evidence and
that 1t would be only for examination
in aiding the court in making the de-
cision. He cited decisions by the
Iowa supreme court which holds that
the court cannot go behind the en-
rolled bill, and that If all the sigma
lures as required by the constitution
are placed on the bill, then the court
Of it's own knowledge, must decide
that the bill is legal.
Sections Are Cited.
Various other sections were quoted
by the county attorney, and a num-
Der Of authorities cited. Mr.. Nc
Manus presented his case in. a most
convincing manner, and showed con-
siderable study had been put upon his
argument to the court. He started
speaking shortly after II o'clock and
closed his argument at five minutes
past twelve.
1t is not expected that decision
can be made In the case Immediately.
as Judge Mcnamara will take it I'M
der advisement after hearing the ar
guments this afternoon by Attorney
Ballinger for the plaintiff, Nickel.
Sheriff Makes Return.
Sheriff Scott has made the follow
ing return to the writ as served upon
him:
Comes now defendant herein
and by way of return, states that
he is holding plaintiff in custody
under and by virtue OF Exhibit A,
and commitment referred to in
plaintiffs petition as Exhibit A,
and plaintiff is herewith produced
in court in obedience to the writ.
JOHN c. SCOTT.
Demurrer on File.
The demurrer which was filed to
the petition was handed the court this
morning, when the session began. Fol
lowing is the copy Of the demurrer as
filed by, the state:
In the Superior Court Of the
City of Keokuk, Iowa. Philip
Nickel. plaintiff, VS.. John G. Scott
as Sheriff of Lee County. Iowa,
defendant. Demurrer to petition.
Comes now the defendant and
files this, his demurrer to the
petition Of plaintiff filed herein.
and as cause therefore shows to
the court that the facts stated in
said petition do not entitle the
plaintiff to the relief demanded
nor to any relief whatever for
the reason that said petition
shows on it's face that the act
charged in the information Ex-
hibit "B" and referred to in the
testimony of the witne sses con-
tanned in Exhibit 3D. was COM
mitted on or about the 10th day
of January, 1916, and after Sec
ton 244S Of the Code of 1897 and
the amendments thereto to which
reference is made in paragraph
of plaintiffs petition had been
repealed and had ceased to be OF
any force or effect, the said re-
peal having become effective
from and after January first, 1916
by reason of the provisions Of
Senate File number seven of the
Acts of the Thirty-sixth General
Assembly which is now Sections
244S-A and 244SB of the Sup
Elemental Supplement to the
Code Of Iowa, 1915.
Second, for the reason that said
petition shows upon its face that
the evidence contained in Exhibit
3D. attached to said petition was
ample to warrant the Justice in