98 Iowa 318 | Iowa | 1896
The information charged the violation of the injunction by the selling of intoxicating liquors in New Hampton, in Chickasaw county. The return to the writ shows that at the trial of the information the parties stipulated that Herring was conducting his saloon under' the provisions of chapter 62, Acts Twenty-fifth General Assembly, and that, if he was guilty of contempt, it consisted in his selling in violation of the act. The testimony considered is set out in the return, consisting of affidavits. Two affidavits were offered, and the offer refused, which refusal is one of the illegalities charged. Section 8, chapter 66, Acts Twenty-first General Assembly, provides that, in a proceeding for contempt for the violation of an injunction against the sale of liquors, the evidence “may be in the form of affidavits, or on demand of either party the witnesses shall be brought before the court for examination.” It is said in argument that the refusal of the two affidavits mentioned above was before there was a demand that the witnesses be produced in open court for examination. The return shows that after the objection to the affidavits, and the demand, the affidavits were offered and rejected. It is not contended that such a proceeding was illegal.
II. The affidavit-shows, without dispute, that on Sunday, Herring was in his saloon, and that he passed beer out of a broken window, in the back of the saloon, to two men. The beer was seen to be handed out of the window to the two men who drank it, and