Iowa
Old Press
Iowa City Daily Press
Iowa City, Johnson, Iowa
July 26, 1904
M'INERNY MUST MIND MRS. MENNE -- OWNER OF PROPERTY NEAR
HIS SALOON WINS
Frank McInerny's "thirst parlor" must close.
Mrs. Catherine Menne won a practical victory today, in the
district court, when her attorneys, Dutcher & Davis, effected
a settlement by stipulation which document, now on file, provides
that the saloon just noted must shut up immediately. The ultimate
day of its closing is October 1, 1904, and, in the meantime, a
reasonable number of months are given the proprietor to close out
the stock in hand, in order that no particular hardship may be
worked in his case. The saloonist agrees to go out of business on
that date, and, in case he fails to keep that agreement, he is
stopped from defense, and a writ of permanent injunction will be
ordered by the district court judge, without trial. The case
would have been fought out along now somewhat familiar lines,
involving the construction of the mulct law, as to the petition
of consent, etc. Inasmuch as the supreme court had held that the
failure of the property-owners within fifty feet to renew their
signatures annually left the petition unsigned, in effect, it is
probable that Mrs. Menne would have based her case on that
ruling, had the matter come to trial.
[transcribed by C.J.L., June 2004]