Iowa Old Press

Daily Iowa State Press
Iowa City, Johnson, Iowa
September 10, 1903

(Register and Leader)
SALOONS ARE AFFECTED
Interpretation Sought to be Put on the Mulct Law Would Close Them.
In the injunction suit commenced against Lorenz Lill, tenant, and the owners of the building at the northeast corner of West Third street and Court avenue, a point has been raised that will be of interest to landlords and liquor dealers all over the state. It is a question, that if determined adversely to the defendants, will result in the closing of over half the saloons in this city and of a large proportion of those in the state. The Clarke law, under which saloons are operating, as originally enacted, contained a provision to the effect the tenant must obtain the consent of property owners within fifty feet of the premises to be occupied with a liquor business. In test suits started it was claimed that the word premises meant the entire property or building in which the saloon was situated. This supreme court held that the word meant only the room actually occupied for saloon purposes. When the commissioners revised the code in 1897 they changed the word premises in this section of the liquor law to "property." In the injunction suit now pending it is claimed that the consent must be obtained from all resident owners within fifty feet of the building in which this saloon is located, and not the particular room it occupies. The building is so located that it would be necessary to obtain consents for a radius of nearly a block to the north and east. The defense is relying on the intent of the legislature when it passed upon the revision and not upon the literal meaning of the word property. It is their contention that it was not the intent of the legislature to change the limits of consent requirements as fixed in the original enactment. It is up to the courts to decide what the intent was and whether the rule of legislative intent or the rule of literal meaning of the words shall apply in this case.

[transcribed by C.J.L., June 2004]

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Daily Iowa State Press
Iowa City, Johnson County, Iowa
Thursday, September 24, 1903

Grand Jury Returns Several Indictments--Offenses Range from Bad to Heinous--List of Accused Men.
W.S. Carpenter, the weaver, was indicted for criminally assaulting BERTHA BROGAN, a little girl of 13. The child lives near Smith's armory. She charges the old man with luring her into his shop, and into an alley back of the Salvation Army tents. Mrs. Carpenter, the wife of the accused, testified before the grand jury that her husband had declared to her that he would never go to the "pen"--that he would commit suicide first. Bond of $1000. was demanded by the court. Carpenter is looking for sureties now. By a curious coincidence, he has been chosen as a member of the jury that will be assigned the unpleasant duty of trying his case. Of course, he will not serve.

[transcribed by anonymous, January 2005]

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