Davenport Democrat Davenport, Scott, Iowa July 20, 1924 LONG SERIES OF VICTORIES MARKS LOCAL FIGHT AGAINST THE BLUE RIBBON "MENACE" The state of Scott; a capital, Davenport. If this designation didn't get into the geographies it was no fault of those thousands of personal liberty adherents who sent Attorney C.W. Neal, self-styled battler of King Alcohol, out of town to the strains of Chopin's funeral march; who applauded the beating of W.W. Lunger, another of the breed; who held gigantic mass meetings to advance the cause of wetness; and who swarmed to the polls to defeat any measure which might deprive them of or restrict, their saloons. The history of Davenport's and Scott county's fight against the Dry menace has furnished Iowa annals with many vivid political incidents. State prohibitory action of course, was the impelling motion and for this reason it is necessary to examine the workings of the legislature in order to understand the local attitude. It would be difficult to determine at just what time the idea of a state constitution began to take shape in the minds of its advocates. But it is evident that the first public announcement of such an idea was made at the annual convention of the Women's Christian Temperance union at Burlington in 1878 by Mrs. J. Ellyn Foster, chairman of the committee on legislation. Mrs. Foster wanted to issue a petition to the legislature to pass a bill submitting to the votes of the people an amendment to the constitution forever prohibiting the manufacture and sale of intoxicating liquors, including wine, beer, ale and cider. This started the ball rolling. The Blue Ribbon clubs all over the state embraced hundreds of earnest workers and they were especially efficient in creating local sentiment in favor of the movement. And so, it was under auspicious circumstances that the Amendment idea was launched on its four years' campaign. Amendment Passed. Great was the wailing and gnashing of teeth in Davenport and Scott county when the state constitutional amendment was adopted by a majority of 29,759 on Tuesday, June 27, 1882. Probably never in the history of Iowa has there been another election attended by so many demonstrations. The friends of the amendment were far more active than their opponents. In many places men, women and children, clergymen and laymen alike, were present at the voting places, distributing ballots and soliciting votes for the amendment. Free lunches were served near the booths by the W.C.T.U.; children paraded the streets carrying temperance banners; and all-day prayer meetings were held in the churches. In some cases the church bells were rung every hour during the day, and when in the evening it was learned that the amendment was probably victorious the air was filled with their peals. The saloons all over the state were closed during the day and good order generally prevailed. Why did the amendment pass? The victory has been accounted for in various ways. It has been asserted that thousands of Republicans voted for the measure simply because its submission had been favored by their party and that many Democrats had cast an affirmative vote in the hope that if the amendment was adopted it would prove the downfall of the Republican party. Davenport Kills It. It was Davenport which had the honor of killing the distasteful amendment. A friendly case to test the point was instituted by two local brewers, Koehler and Lange and John Hill, a saloon keeper. The case was brought up for hearing at the October (1882) term of the Scott County District Court, over which Judge Walter I. Hayes was presiding. It was an action to recover one hundred dollars for a quantity of beer sold and delivered by Koehler and Lange, the plaintiffs, to John Hill, the defendant. Hill held that he could not lawfully be forced to pay for beer sold in violation of the constitution. The plaintiffs replied that the amendment had not been passed in accordance with the manner provided in the constitution and pronounced judgment upon the defendant. An appeal was taken to the supreme court of the state. The case thus appealed came before the supreme court at its December term in 1882, and was argued on both sides by some of the most prominent lawyers in the state. Among the counsel for the appellant were Smith McPherson, then Attorney-General. William Miller, J.A. Harvey, James F. Wilson, C.C. Nourse and John F. Duncombe. Representing the appellees were such men as John C. Lillis and George C. Wright. The opinion of the court, declaring the amendment invalid, was delivered on January 18, 1883, by Judge William H. Seevers. Hurrah for "State of Scott!" The "State of Scott" had won a big victory! It was a great disappointment to the prohibitionists and a source of elation to their opponents. The Davenport Democrat said that while the decision was received, with considerable satisfaction here, there was no general demonstration. Then came statutory prohibition and mob violence. There were countless violations of the dry law. On August 13, 1884, a mob of 200 men broke up a trial for violation of the liquor law near Iowa City, tarred and feathered one of the prosecuting attorneys and stoned the house in which he took refuge. The life of a constable, who attempted to resist the fury of the mob, was threatened and but for the timely assistance of the deputy sheriff, the threat might have been executed. When the prohibitory law had been in operation one year, a Davenport newspaper editor issued a circular letter to the mayors of the principal cities of the state, inquiring to the extent of the enforcement of the law. A summary of the facts thus gained showed that in some places prohibition was entirely successful, in others the number of saloons was the same as before the law was enacted. It is notable that in a census of saloons in the 99 counties of the state in 1887, there is no number opposite Scott county, but instead the words, "Do Not Know." Nobody was telling anything. ...to be continued... Cathy Joynt Labath Scott Co, IA USGenWeb Project http://www.celticcousins.net/scott/index.htm Iowa Old Press http://www.IowaOldPress.com/