Ritchie v. Zalesky

• Decision Date: 26 May 1896
• Citation: 67 N.W. 399,98 Iowa 589
• Parties: MRS. H. RITCHIE, Appellant, v. W. J. ZALESKY, et al
• Court: Iowa Supreme Court

67 N.W. 399

98 Iowa 589

MRS. H. RITCHIE, Appellant, v. W. J. ZALESKY, et al

Supreme Court of Iowa, Des Moines

May 26, 1896

Appeal from Cedar Rapids Superior Court.--HON. 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.

OPINION

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.

I. 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 five thousand 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 other device. * * *" At the time in question, Cedar Rapids contained about...