Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-01-19
AGREEMENT BETWEEN RAIL.
ROADS AND STATE OFFICIALS
TO REDUCE CONSUMPTION.
NEW ARRANGEMENT IN
EFFECT ON FEB.
Commercial Booze to Be Shut Out En-
tirely, According to Plans of Rail-
road Attcrneys-liquor Fer Personal
Use Of Individuals Not 10 Be Inter.
fered With, Pending Ruling Of Court,

Des Moines. Jan. 19.-Tha amount
duced two-thrds by the agreement en-
tered into by railroad attorneys yester-
day with Attorney General Havner
| to the effect that the common carriers
shall not accept shipments of liquo,
for Iowa points, except for persona
use, according to railroad officials
The roads will deliver no booze un-
less the cOnsignee personally appears
and signs a receipt at the station.
The new arrangement will go into
effect on all roads and express com
panies by Feb. /.
When liquor is delivered for per-
sonal use, the consignee must per-
sonally sign the receipt at the station
in the case of the railway company.
or in the presence of the eXpressmaII
who delivers the booze in the delivery
zones in the cities in the case of the
express companies, according to the
agreement.
Shuts Out Commercial Booze.
No railroad shall accept for ship
ment any liquor which is intended for
sale in Iowa. In case of doubt, the
railroad or express company will re-
fuse to accept the liquor.
Liquor Tor personal use will be de-
livered by the common carriers upon
consignee personally signing receipt
pending the decision Of the Iowa SUI
preme court in an appeal taken in .
case decided on Wednesday by Judge
Utterback of the Polk district court,
in which he held that the carriers are
prohibited under the Webb Kenyon de-
c!sion to accept LIQUOR for delivery in
Iowa for personal use or for sale.
A committee of lawyers represent
ing the carriers will present the APP
peal on behalf of the persons claiming
the liquor ordered destroyed by Judge
Utterback. The department of justice.
as appellee, will present the appeal on
behalf Of the state. In order to get d.
decision Immediately, a motion will be
made to advance the case in the high
court.
Havner Explains Agreement.
After the conference the attorney
general gave out the following official
statement regarding it:
'Q All of the legal representatives
Of common carriers expressed them
selves as willing to cooperate with
the legal department of the state in
he matter of the stopping Of the il
legal deliveries of Intoxicating liquors.
'(2) That the common carriers
would use their special agent force to
make special investigation to assist the
department of justice in ascertaining
whether liquor was being unlawfully
delivered at their different stations
90 That no liquor Of any kind
was, to be delivered except upon the
consignee personally signing the re-
ceipt at the station, in the case of the
railway company, and in the presence
in the delivery zones in the, cities, in
the case of express companies.
90 Until the mandatory iniunc-
ton has ben dissolved or modified by
the circuit court of appeals there is to
be an exception made Of the c., f. 1. L.
P. Railway Company as to the person
tO whom liquor is shipped signing at
the station. This exception is made
by reason of the mandatory injunction
having been granted by Judge Car
penter at Chicago, commanding the c.,
r. l. & p. Railway Company to re-
ceiye and transport liquor and to de-
liver. it to any person who has the
written receipt of the consignee.
go The common carriers are to
have until Feb l. in which to get out
their instructions and to put in force
the new rules concerning the delivery.
inn I,a doll
people for their personal use upon per-
sonally signing the receipts-as above
indicated until the decision given by
Judge Utterback can be ruled upon by
the supreme court or until the legisla-
ture acts in the matter.
"G) A committee Of lawyers, repre-
senting the carriers. will present the
appeal on behalf Of the persons claim
ing the liquor ordered destroyed by
Judge Utterback. The department Of
justice will present the appeal on be-
half Of the state, as appellee, and 4
motion win be made to advance the
case and get a decision at an early
date. .....
THE reason for withholding prose-
cutions until an opinion can be secured
cision given by Judge Utterback is the
difference of opinion that exists as to
whether the Whitmore bill, known as
sections 2421 and 2421 b, supple.
mental supplement to the code of 1915,
is unconstitutional as to the part
which authorizes delivery for private
consumption"
GETS ANOTHER poc1oRA1E.