Ritchie v. Zalesky

• Decision Date: 26 May 1896
• Parties: RITCHIE v. ZALESKY ET AL.
• Court: Iowa Supreme Court

98 Iowa 589

67 N.W. 399

RITCHIE

v.ZALESKY ET AL.

Supreme Court of Iowa.

May 26, 1896.

Appeal from superior court, Cedar Rapids county; T. M. Giberson, Judge.

Action in equity to enjoin the keeping for sale and selling of intoxicating liquors, and for the abatement of an alleged nuisance. There was a hearing on the merits, and a decree in favor of the defendants. The plaintiff appeals. Reversed.John A. Reed and Rickel & Crocker, for appellant.

Preston, Wheeler & Moffit, for appellees.

ROBINSON, J.

The defendant the Anheuser-Busch Brewing Association is a corporation, and maintains a wholesale liquor establishment in a building on lot 10 in block 4 of Carpenter's First addition to Cedar Rapids, and the defendant Zalesky is its agent in the management of its business. The plaintiff claims that intoxicating liquors have been kept in the building with intent to sell them therein in violation of law, and that they have been sold therein in violation of law. The defendants admit that beer was kept and sold in the building, but claim that it was rightfully so kept and sold under authority obtained by virtue of chapter 62 of the Acts of the Twenty-Fifth General Assembly. The superior court found that the defendants had been duly authorized under that chapter to do whatever they had done, and that they had not violated the law. The petition was dismissed, and the costs of the action were adjudged to be paid by the plaintiff.

1. Section 1 of chapter 62 of the Acts of the Twenty-Fifth General Assembly provides that: “There shall be assessed against every person, partnership or corporation, other than registered pharmacists holding permits, engaged in selling or keeping with intent to sell, any intoxicating liquors, and upon any real property of the owner thereof, within and whereon intoxicating liquors are sold, or kept with intent to sell in this state, a tax of six hundred dollars per annum. All such taxes shall be a perpetual lien upon all property, both personal and real, used in or connected with the business.” Section 17 of the act provides for the payment of the tax quarterly in advance in cities having a population of 5,000 or more inhabitants. It further provides that “such payment shall, upon the following conditions, be a bar to proceedings under the statute prohibiting such business: “(3) Said selling or keeping for sale of intoxicating liquors shall be carried on in a single room having but one entrance or exit and that opening upon a public business street. The bar where liquors are furnished shall be in plain view from the street, unobstructed by screens, blinds, painted windows, or any...