Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-05-08
SALOON INTERESTS MAKE NO
ORAL ARGUMENTS IN MuLcT
LAW REPEAL sulT. %@
NO EXPLANATION FOR
THEIR NoN-APPEARANcE
Attorney General cosson Submits Ar
suments in Behalf of State, Holding
Repeal misunderstanding Of
State Issues Instructions For Election
Offieiais-State House News.
Special to Times Republican.

Des Moines May S.-Attorneys for
the saloon interests did not appear in
oral argument before the supreme
court Saturday when the mulct law
repeal came on for hearing. No oral
argument was presented for the wet
side Attorney General George Cosson
presented the argument for the state,
arguing for the validity of the act
was attacked by three Davenport sa-
loonkeepers in a test case.
The firm of Bollinger & Block, OF
Davenport, have been the attorneys for
the saloonists ever since the litigation
started when John Hill, John J. Maven
and John Schnack sold drinks over the
bar in their saloons at Davenport Jan.
g. No explanation was offered as to
why no representative of this firm APP
peared. The firm filed its written ar
gument with the court some time ago.
In his oral argument Saturday At
torney General CoSson dealt only with
the points attacked by the vets, that
the title was sufficient that the re-
pealtng act is constitutional and valid
and that 1t applied to special charter
cities. The vets claimed it did not ap-
ply to Davenport as it was special
charter city.
In his written argument filed with
the court the attorney general de-
clared: "It is unnecessary to remind
the court of the numberless decisions
to the effect that every presumption
shall be resolved in favor of the con-
stitutionality Of the acts Of the general
assembly; that the legislature is the
law making power, that the supreme
court has no authority to interfere un-
less the acts of the general assembly
are in clear contravention of the con-
stitution.
The legislature acting in a repre-
sentative capacity in response to the
overwhelming. firm and abiding con-
viction Of the people Of the state has
repealed the mulot law. Their act was
performed pursuant to the police pow
er of the state in the interest of public
morals, the public safety. the public
welfare and the public health Of the
state. EVERY substantial and consti-
tutional requirement has been complied
with The decision of the lower court
should therefore be affirmed"
Judge NJ. F. Donegan. of Davenport,
held the law to be constitutional and
valid and it is from his decision that
the vets have appealed,
! Election Instructions Sent Out. i
The secretary of states office Sat
urday mailed out instructions to the
county auditors with reference to the
conduct of the primary election on
June 5 and also the woman's suffrage
special election. The Woman'S suffrage
ballot does not have the words wo-
mans suffrage on it at all 1t is termed
constitutional amendment ballot and
in addition to the heading "Constitu-
tional Amen dment Ballot" has the fol-
lowing wording thereon:
(Notice to voters. For an affirma-
tive vote upon any question submitted
on this ballot make cross x mark in
the square after the word yes" For
negative vote make a similar mark
in the square following the word "no.D
Then the question is stated as fol-
lows: Shall the following amendment
to the constitution be adopted? Re-
peal section one. article two, of the
constitution Of the state Of Iowa and
in lieu thereof enact and adopt the
following, to-wit:
Section l. Every citizen Of the
United States of the age Of u years
who shall have been a resident Of this
state six months next preceding the
election and Of the county in which he
or she claims his or her vote sixty
days. shall be entitled to vote at all
elections which are now or hereafter
may be authorized by law
Thorne Making Hot Fight.
Down in the first district where
Clifford Thorne is running for the re-
publican nomination for congressman,
the field has narrowed down to only
Congressman Charles A. Kennedy and
himself The three other aSpirants
who appeared in the field early in the
spring. w. F. Kopp. OF Mount Pleas
ant, Senator F. NJ. Molsberry, of Col
! umbus Junction, and Jones, Of Bur-
1ington, have dropped out. 1t now
promises to be a hot fight between