DEEMER, J.
Relators were each enjoined from selling or keeping for sale intoxicating liquors contrary to law at any place within the Second judicial district of Iowa; the decree against Silvers being entered January 4, 1902, and the one against Cheadle on the 14th day of January of the same year. Thereafter and on January 3, 1910, an information and affidavit was filed, charging each of said relators with contempt of court in violating the said injunctional decrees. Thereafter and on February 15, 1910, these informations were amended, and, each of the defendants having appeared and answered, a hearing was had on said informations, and the trial court made the following findings of fact: “Second. That during the time the sale was made and of the transaction involved, in this hearing for contempt the defendant had complied with all the provisions of the mulct law, so far as the petition of consent, consent of the city council, list of employés, and payment of the tax due the county was concerned, but that he had not complied with the city ordinance relative to the payment of a tax to the city. Third. That the building in which defendants' business is carried on is not such as is required by the statute, in that the business was not conducted in a single room; and, further, that the building had more than one opening, which was used by the defendants in the conduct of their business. Fourth. That on one occasion the defendants permitted a minor named Halstead to enter said place of business and take therefrom intoxicating liquors, which he delivered to the purchaser for the defendants. Fifth. That obscene pictures were distributed from defendants' said place of business, but that they were not displayed while in said place of business, except in so far as to take them temporarily from the envelope in which they were inclosed long enough to permit the person to whom they were delivered to see what they were. Sixth. That the defendant sold liquors by filling orders that were telephoned in from persons operating mulct saloons, and delivered the intoxicating liquors so ordered to the saloon where ordered, and received payment therefor at the place of delivery. Seventh. That the defendants likewise received orders at their place of business from individuals telephoning from their homes, and delivered intoxicating liquors so ordered to the homes of such parties, and collected therefore at the place of delivery. In view of said facts I conclude that each defendant has violated said injunction, and that he should be fined in the sum of four hundred dollars and costs, including an attorney's fee of $125, and that an order of abatement shall issue as provided for in Code section No. 2408.”
The material parts of the city ordinance referred to in the trial court's findings read as follows:
“The resolution of consent provided for in section one of this ordinance is granted and given to said applicant upon the express condition that he shall in all respects faithfullyobserve all the conditions and restrictions provided by said Code of 1897 of Iowa, and amendments thereto, and such restrictions as may be enacted by the Legislature, or by the city council by resolution or ordinance governing the traffic in and the sale of intoxicating liquors.”
“Sec. 3. The resolution of consent above provided for shall be issued to the applicants upon the express condition that he shall pay all taxes provided by law, and especially chapter 6, title 12, of the Code of 1897, and amendments thereto, to the county treasurer, and such other taxes, fines and penalties that are imposed by this ordinance to the city treasurer filing a duplicate receipt for all such taxes, fines and penalties with the city auditor in advance promptly, as by law provided, that is to say, taxes payable to the county treasurer shall be paid quarterly in advance.”
“All persons, firms or corporations engaged in the business of selling intoxicating liquors in Ottumwa, Iowa, at retail, shall pay a monthly additional tax of seventy-five dollars ($75.00) per month in advance on or before the first day of the month. In the event of failure of said person, firm or corporation to pay said monthly tax in advance, the chief of police of the city of Ottumwa shall close said saloon as provided by law without further direction from the city council. * * *”
“Sec. 5. The failure on the part of any person, partnership, or corporation holding a resolution of consent for the purpose provided herein to pay the taxes provided by law quarterly in advance and to the city treasurer the additional monthly tax as herein provided and file a duplicate receipt for such payment with the city auditor, shall work an immediate forfeiture of the resolution of consent, and the further right of such person or party to do business under the provisions of this ordinance.”
And from the said ordinance we also make the following quotations: “No minor, drunkard, or intoxicated person shall be allowed in the room; and no sales of intoxicating liquors shall be made to any minor, drunkard or intoxicated person, or knowingly to any person who has taken any of the so-called cures for...
