Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-04-25
WRITTEN ARGUMENTS FILED IN
SUPREME COURT ATTACKING
TEMPERANCE MEASURE.
LIQUOR INTERESTS ASSERT
LAW is VOID FIVE YEARS
Three Test Cases Appealed From DaV-
IMPORT Reach High Court-Orat Ar
suments to Sc Heard Next Week
and Speedy Decision Is Expected
City Rights impaired Say Saloenists.

Des Moines. Apri! 1J.-Written argu-
rnen1s attacking the validity Of the
rruGet repeal law. which closed Iowa
saloons Jan. i. 1915. were fIed in th@
supreme court yesterday by attorneys
for rhe vets in three test cases ap-
pealed from Davenport The Depart
mert Of justice has ten days TO rilt the
written arguments for the state. IN
rhe case will ae argued orally next
week before the high courI a. full
bench hearing.
Bollirger & Block and Carl H. Lam
bach are the attorneys FOR he !+4uor
forces in the Davenport cases. They
assert that the state applied - n
district court for permanent lnjunS-
tons against three saloons wh.ra Solt
liquor Jan. :, 1915. as a bass - test
trg the nulcc repeal law. The !ower
court upheld the validity OF the meas
ure in question and granted cce m
functions From this decision. taeJ
appealed.
impairs City Rights.
The liquor forces, n the written
arguments. assert the mulct -epea. .aw
Is nul! and void. for the reason IA:
its subject had not been expressed n
its title: that the law IS void. as far a.
Davenport liquor dealers are concerned.
for a period OF i've years from ana
after the date Of the finding sufficient
of the general statement OF consent
for the reason that such act. II en-
forced in Davenport. would De an IN
lawful impairment OF the accrued and
vested right OF said city 10 levy AMI
collect the regular additional nulct
taxes during the five year period; also
that the law was not by SQeclic refer
ence or special Provt< contained
therein made applicable 20 ctC!sS under
special charter
The attorneys attack the validity Of
the supplement y The code 1918. claim
ing it was never &pprU. ed ~ he leg
;slature or the code commission. They
saw that the nu.ct rep~a ,4w vas
passed when TIE supplement was YET
I1nsoupfeteG. AMI therefore nothing IN
il could be repealed, Cor 1t was not re:
in official existence. They Geclare Chac
.rsrv law must haze u time OF going
Tito effect. but that the supplement- 20
the code. tSss. did ooc have ,tehntte
date. The erpt volumes Of he supple
rrsrr- which were delivered we're WIZ
ogt IN index Concerning this w9rs,
The appellants attorneys say
Code Mas Gefustor-
M urf76exad computation ~ rl1e
laws Is Il dekusion and = snare and An
a.eUrqfnat1cn III ne sight Of Cha Lord \
,aw which can not De reatthy and
qufcIsly found DIV uIeucs q IN index IS
we{r nigh worthless. mt ( has become
a. tritea saving azrong tine members -
the legaf profession that = = H!E 5"
rnt1t.h co know the Law IL - Knew
where 20 dnt IT, No index 70 lie sup
Lament % the lode. .Jtj> existed when
trs 1rtrEcr repsu, law WIS passed Z
did u1c Iheu 4xl>L stC1sr n conrT':C.o1
wEeh. W apart rom ne 2Col-ca-s0r =
lssalg 81, that at mat c!Ene L vrcaE 7art
If The spuPii8cl0n was missing II
saet the compilation va aver -oI' :
vfaos and n existence u1c.l after -AaS
:. 1915. 1t that me cl1e :omPi3aCrV21
WIS scly 1a.t iorse. w-!rn co(2lG
NOT run very w4U Of Cw0 sSs.