Polk County IA Archives History - Books .....The Saloon 1898
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Book Title: Annals Of Polk County, Iowa And City Of Des Moines

CHAPTER XVII.
THE SALOON.

THE sale of intoxicating liquors and the regulation or prohibition of the same
has always played a more or less prominent part in the political and social
history of every city and county, especially in Iowa. So this question has in
the history of Des Moines and Polk County. While the United States troops were
here the sale of intoxicating liquors, especially to the Indians, was strictly
prohibited, and the soldiers used prompt and summary measures to prevent the
sale and punish the sellers. And yet, notwithstanding this military vigilance,
the settlers, soldiers and Indians, managed time and time again to procure
intoxicating liquors of various kinds. The sale, purchase and use of
intoxicating liquors from the beginning up to this time has never been entirely
suppressed in this city and county, no matter how stringent the laws may have
been and however zealous the officers in the enforcement of the same. This is a
fact of history that cannot be denied truthfully.

   The County of Polk was organized by election on April (>, 184C>. The first
Board of County Commissioners met April 13, and organized. The following day
almost the first business transacted was granting a license to WallaceW.Clapp,
and also to Addison Michael, allowing each of these persons to keep a grocery
wherein intoxicating liquors were to be sold. The license fee then was very low
compared with the $1,200 now paid, being only $6.25 per quarter, or $25 for each
year. A number of such licenses were granted by the Board prior to the enactment
of the first State prohibitory law. There was occasional trouble1 over the sale
of liquors, and some prosecutions but they were comparatively few in number, and
those licensed "groceries" were allowed to conduct this business with but little
molestation from the officers of the law.

   The theory of State prohibition of the manufacture and sale of intoxicating
liquors had taken a strong hold upon the people East and West in the early
fifties. Many enthusiasts saw in this the means of finally banishing
intemperance from the land. Several of the States about this time adopted what
was called the "Maine law," that state having been among the first to adopt
prohibition in its entirety. The first prohibitory law of Iowa was adopted or
passed by the General Assembly in 1S55, and was submitted to a vote of the
people at the April election of that year. The vote upon it was not large and
the majority were in favor of the adoption of the law. By its provisions the law
went into effect July 4, 1855, and being sustained by the courts became the law
of the State. This law legally (dosed all the saloons or groceries in the State,
although as a. fact in many localities the law was not enforced. In Des Moines
and Polk County it was enforced with more or less strictness, yet at no time was
it impossible or even very difficult for those who desired to obtain
intoxicating beverages. The drug stores, then, as now, sold more or less of
liquors, and what are called "holes in the wall" were in existence even in those
early days. There were, however, no open saloons in Des Moines for a short time
after the law went into effect, and the town and county officers of that day had
not discovered the mine of wealth, subsequently discovered by their successors,
which existed in the searches after violators of the law and the seizure and
confiscation of their prohibited goods. Yet there were some seizures, one of the
most notable being the seizure and the destruction of some forty barrels of high
wine and other liquors belonging to Charles Good. In 1856, if not before, there
were again several open saloons in the town, one or two of them being finely
fitted up, and they were not much troubled by the law or its officers.

   By the provisions of this law we had for a year or two what was called "The
County Grocery." Under the hnv the County Judge appointed an agent, Dr. D. V.
Cole, who bought for the county an excellent stock of liquors and sold the same
for "medical, mechanical and culinary purposes." This "County Grocery" was
located on the south side of Court avenue, between Second and Third streets,
where G. Munzenmaier's saloon now is. Dr. Cole and J. Fleishman, his assistant,
tried to live up to the law, but having to take the word of the purchasers for
the truth, their sales became large and frequent, and it is at least doubtful
about the liquors purchased being generally applied for the purposes prescribed
by the law. In fact, it is not improbable that not a few "good drunks" were had
by the early settlers of that day from or upon the liquors purchased at the
"County Grocery." The writer has a distinct recollection of one of the
enterprising citizens of that day who, purchasing his stock at the agency, made
the rounds of stores, offices and shops, peddling out the liquors by the drink.
He was well known and took the title of "Doctor" from his calling, and was
generally given a hearty welcome by the thirsty. He did a prosperous business
for a time.

   One of the official duties of the Grand Jury was to inspect the stock, books,
etc., of the "County Grocery," and it is needless to say this duty was never
neglected. The writer on one occasion was appointed by Judge McFarland special
bailiff of the Grand Jury for this duty and no other, and in his official
capacity marched the jury down to the "County Grocery" to make this examination.
The Grand Jury was then composed of fifteen men, and the jovial Dr. T. K. Brooks
was the foreman. Several hours was occupied in this work, the most of the time
being spent in testing the quality and purity of the liquors. The law required
the liquors to be pure and unadulterated, and Dr. Brooks said that they must be
thorough and general in their tests. The tests were duly made, in fact any
number of tests, and the jury finally returned to their room full of the subject
of their investigation—so full they immediately adjourned for the day. Thereupon
the bailiff was summarily called before the Judge, who eagerly enquired, "Did
you leave anything for me?" Upon being informed a two-gallon jug of the best
whisky was in the sheriff's office, the Judge thanked and discharged the bailiff
from further duty, adjourned the court for a time, and hastened with some of the
attorneys to the sheriff's room, and in a short time there was a sound of
approaching emptiness in that 
Jug.

   The "County Grocery" became unpopular, or too popular with some, and the
General Assembly in 1856-57 abolished that feature of the law. Thereupon Polk
County sold out the stock on hand and retired from the saloon or grocery trade.
There had also arisen much complaint among the people about the law and many
urged its repeal. The immigration into the State was then large, and among them
had been many Germans, and many more were about ready to follow, but they wanted
to have the beer and the wine they had always been accustomed to in their old
and also their new home. They cared little about whisky and the other strong
drinks, but they must have their beer and wine. At that time the two main
political parties were struggling for supremacy in the State, and the German
voter was an important factor. These Germans held the balance of power. The
newly formed Republican party could not antagonize them and hold political
power. The Germans were opposed to the sweeping prohibitory law. A compromise
was effected. To retain the native prohibitionists the prohibitory law in its
general features was retained, and to placate the Germans the law was amended so
as to allow towns and cities to license the sale of beer and wine. This is why
the celebrated "beer and wine clause" came to be engrafted upon the so-called
prohibitory laws of Iowa. Efforts were made time and again to repeal this
clause, but it remained the law of the State until the prohibitory
constitutional amendment was adopted in 1882 and the subsequent enactment of a
more stringent prohibitory law by the General Assembly in 1884.

   Not long after the adoption of the "wine and beer clause" the City Council of
Des Moines licensed the sale of beer and wine at first placing the annual
license fee to be paid at $200. The number of saloons increased as rapidly, if
not more so, than the growth of the city in population. There were a few saloons
in the outlying towns of the county, but there were not many of them, and their
careers were generally short and full of trouble. In the city few, if any, of
these saloons confined themselves to the sale of wine and beer. They all sold
more or less whisky and other strong-liquors in violation of the law. In fact it
was expected they would sell strong liquors, as they could not confine their
sales to the legal drinks and pay the amount charged by the city for license.
This amount was from time to time increased from $300 to $500, to $800, and
finally to $1,000, and even this latter large sum was being paid about 1882 by
more than fifty saloon keepers in the City of Des Moines. But with all their
payments to the City of Des Moines these saloon keepers had their legal
troubles, and many of them. They were continually violating the State law and
being indicted therefor by grand juries. Especially was this the case during the
eight years Judge Maxwell was on the District bench. lie was a strong believer
in and advocate of prohibition and had but little sympathy for any saloon
keeper. He charged grand and petit juries strongly against them at every term
and upon every trial of one of the keepers, and if found guilty by a jury always
administered severe punishment. The only escape for the saloon keeper was when,
as sometimes happened, grand juries refused to indict, and as more often was the
case petit juries refused to convict despite the charges and instructions of the
Judge.

   Occasionally, but generally for only a brief period, the City Council, bowing
to some temporary prohibition wave of public opinion, would refuse to license
any saloons. Then there would be a "dry" time among the citizens. At one time
the saloons closed tightly all their doors for a few weeks. Then the
prohibitionists rejoiced over a victory won. These rejoicings were premature.
The saloon men were quietly at work. They took the best legal counsel, carefully
prepared their books and papers, and one morning the doors of some fifteen or
twenty saloons were thrown open again. But they were no longer public saloons.
They were legally organized "Social Clubs," and every one who wished could
become a member thereof and enjoy his fill of drinks. And these clubs paid no
license fee whatever to the city. The city officials looked on for a time, and
then acknowledged defeat, passed a license ordinance more satisfactory to those
especially interested, and in a short time the social clubs disappeared and the
old familiar saloons reappeared.

   Many of these saloons were not conducted as they should have been, or as
required by the State law and the ordinance of the city, and the result was the
anti-saloon feeling grew stronger each year. While a majority of the people of
the city were never perhaps what might be strictly called prohibitionists, yet
the feeling from the beginning up to the present day was at no time strongly in
favor of open saloons, but upon the contrary, more or less opposed to them. When
they did exist it was more by the mere sufferance than the good will of a
majority of the citizens of both county and city. At the same time it must be
admitted by the student of its history that prohibition has never been, and
judging the future by the past, never will be strictly enforced in the City of
Des Moines. This is a condition, not a theory.

   The General Assembly in 1882 adopted for the second time a proposed amendment
to the Constitution prohibiting in this State the manufacture and sale of all
spirituous and malt liquors, including wine and beer. This proposed amendment
was submitted to a vote of the people on June 27,1882, and adopted by a majority
vote of nearly thirty thousand. The vote cast in Polk County upon this
prohibitory amendment stood

For adoption                  4,630
Against                       2,519
Majority for                  2,111

   On October 11,1870, less than twelve years previous to the last vote of the
people of Polk County had refused to prohibit the sale of ale, beer and wine, by
the following vote:

For prohibition               1,430
Against                       1,670
Majority against                244

   The adoption of this amendment was generally regarded as the death knell of
the saloon in Iowa, and that; as soon as the General Assembly would meet and
pass laws for carrying the amendment into effect, the saloons would disappear
from Polk County and other counties of the State. But the legality of the
adoption of the amendment was contested in the courts, and after a number of
months of doubt, and a great legal contest, the Supreme Court finally decided
the amendment to be null and void, and no part of the Constitution as had been
officially proclaimed by the Governor, because of grave legal defects in the
manner in which it had been agreed to by the General Assembly. This gave a new
lease of life to the saloons. But the decision of the Supreme Court only
maddened the prohibitionists and increased their hatred of the saloon. They had
won a great victory over the latter only to he robbed of the legitimate fruits
of that victory. At the first opportunity they struck down Judge Day, the Chief
Justice who delivered the opinion against the validity of the amendment, though
he was an able, honest judge, and had been before this a very popular man. They
made special efforts at the next election for members of the General Assembly
and secured a majority of the members. They argued, with some show of reason,
that as a large majority of the people had by their votes declared in favor of
prohibition, it was the duty of the General Assembly at the first opportunity to
pass a sweeping and general prohibitory law. If they could not have it now in
the Constitution they must have prohibition good and strong in the statute laws.

   The General Assembly of 1S84 enacted what was at that time generally called
the "Clark Law," so named for T. E. Clark of Page County, a leading prohibition
member of the Senate. It was a sweeping, stringent law, prohibiting, under
severe penalties, the manufacture or sale of all kinds of spirituous and malt
liquors. It was considered at the time a very severe law and yet two years later
it was made even more severe and drastic. It was thought if prohibition ever
could be enforced it certainly would be under these laws, which virtually held
that makers and sellers of intoxicating liquors had no rights which the people
or the courts were bound to respect. And the Supreme Court of the State
subsequently held these stringent and extraordinary provisions of the law to be
valid and binding upon the people. These laws first went into effect July 4,
1SS4, and at once the open saloons of Des Moines were all closed.

   But, as is usual in such cases, in a short time it was discovered that the
law was being evaded and intoxicating liquors sold in violation of the same. It
was not long before a large amount of this traffic was diverted to the
drugstore, and the rapid increase in numbers of the latter was surprising. They
sprung up quickly and thickly in the business portions of the city, and soon
invaded the residence streets, and were scattered around the suburbs. A number
of former saloons were reopened as drug stores, restaurants, etc., and in most
of these places intoxicating liquors were sold at all hours, day and night. Not
a few of the rooms fitted up as saloons were reopened and liquors were again
sold therein with more or less secrecy. Good prohibitionists, who believed in
the law, now attempted to enforce it in good faith. Arrests were made,
injunction proceedings commenced, and the places were searched and considerable
liquor seized. This first effort at enforcement was undoubtedly made in an
honest effort to abolish the sale of intoxicating liquors in the city and
county. And vet the sale went on, and while for a time drunkenness may have been
partially suppressed it soon became apparent that it had not been prohibited in
fact as it had been in law.

   Under the provisions of the law the processes had been made easy of
procurement and the fees to officers executing the same were found to be very
remunerative. This was as great a temptation to the officers of the law and
informers, and incidentally to the numerous attorneys of the city and county, as
was whisky and beer to the perverted appetites of the confirmed drunkards. The
most of these men cared little or nothing for the law itself; they were not
zealous foes of intoxicating liquors. They were primarily in the business of
enforcing the law solely for the fees or the money there was in it for them.
Backed by the sheriff of the county and the justices of the townships, the
sheriff and his deputies, constables and numerous assistants, were soon banded
together and making daily, even hourly, raids upon and into places where it was
known or suspected intoxicating liquors were being sold. These raids brought on
at times great excitement among the people and not unfrequently led to brawls,
almost riots, and clubs, knives and pistols were openly displayed, and sometimes
used. Men were beaten and shot, and finally a special constable, Logan, was shot
dead in a large wholesale drug store on Second street. These raids caused at
first as previously stated, much excitement, and their frequency and the
peculiar manner in which they were conducted attracted the attention of not only
the people of Iowa, hut also that of others throughout the entire country.

   As before stated there was money, much money, in it for the judicial and
executive officers of the law, and nine-tenths of this money was taken from the
taxpayers of the county, the latter having to pay most of the cost of all these
raids, riots and judicial and extra judicial proceedings. Very seldom were any
costs collected from the illegal sellers. These "searchers," as they were
termed, reduced the business almost to a science. They did not wish these places
entirely closed, as this would reduce their lucrative returns. Hence they seldom
arrested persons engaged in illegal selling. They were content themselves with
seizing what small quantities they might find, put this liquor on trial, condemn
and destroy it. Often they would pile up a bill of costs against the count}' of
from $5 to $25 for the seizure and condemnation of liquors of the value of only
a few cents. Not content with thus robbing the county, these officials and
followers would levy cash tribute upon the sellers and blackmail them and their
friends. They by their actions, blackened the fair name and injured the
reputation of the city. The amounts gathered by these men during the years of
their active operations is not known exactly, but in the aggregate was enormous,
reaching far beyond $100,000 in this city and county. One justice of the peace
is reported to have made more than $10,000 in one year out of his office, while
his leading constable was not far behind him. The others gathered in very large
sums. While they raided the places where liquors were illegally sold and
badgered the sellers they much more effectually raided the county treasury and
the pockets of the taxpayers. For a time they seemed drunken with their
unlimited power and wealth of spoils.

   Such an extraordinary state of affairs could not in the very nature of things
long exist. And yet they did exist in a more or less violent form for several
years. The people of the city and county were remarkably long suffering and
forbearing. At last, however, there was a reaction. The people complained, the
County Board of Supervisors commenced scanning closely and throwing out a
portion of these excessive bills of costs, civil and criminal proceedings were
commenced against some of the most active "searchers," they were found out, and
nearly all the good citizens who had encouraged them at the start became cold
and lukewarm toward them and generally condemned their wholesale robbery of the
public treasury. The "searchers" were loathe to abandon this mine of wealth, but
finding that the once rich vein had been about worked out, they slowly and
reluctantly withdrew. But up to the last now and then new raids were made upon
the sellers and their goods, and new bills of costs made out against the county.
Intelligent men now look back and wonder that this work was permitted, and being
permitted was also allowed to continue for such a long period of time. They
cannot understand it. And it is certainly something which would not be permitted
to again occur in this city and county. One affliction of the kind is sufficient
for all time.

   The General Assembly at the session of 1804 passed what is known as the
"Mulct Law." This law is in force at this time and went into effect a short time
after its passage. Under its provisions when a majority of the citizens of one
of the large cities give their consent thereto in writing the City Council may
grant permits for the sale of all spirituous and malt liquors, under certain
stringent regulations and upon the payment of a license fee of not less than
$600 per annum, which fee is to be equally divided between the city and county.
Consent papers were circulated and an active canvass made and in a short time it
was announced that a majority of voters had given their consent as required by
law. Thereupon the City Council passed the requisite ordinance, fixed the total
fees at $1,200 per year, and ordered licenses or permits issued to a number of
applicants. Immediately thereafter a number of saloons were opened under the
law, in the latter part of May, 1894, and for the first time in thirty-nine
years was whisky and the stronger alcoholic drinks legally sold in a Des Moines
or Iowa saloon. From July 1, 1855, up to the taking effect of the mulct law it
had been against the laws of Iowa to manufacture or sell these alcoholic liquors
as a beverage, wine and beer alone being legalized. During these thirty-nine
years hundreds of thousands of dollars had been expended in Polk County alone in
the attempt to enforce these prohibitory laws, and the success which followed
these costly attempts is to some extent pointed out in this history of the
saloon in Polk County.

   But the new mulct law and the saloons operating under the same in Des Moines
within a year after opening had to face another judicial inquiry. Some of the
opponents of the saloon, prominent in the same being the Church Federation,
contended that the petition of consent was invalid, chiefly for the reason that
it had not been signed as the law required by a majority of the legal voters of
the city. Prosecutions were commenced, injunctions obtained, and other
proceedings had, causing more or less excitement in the city. Following a long
and expensive hearing in the District Court, Judge Spurrier decided against the
saloons, that the alleged consent had not been legally obtained, and again were
the saloons all closed. The saloon keepers then went to work in earnest and in a
few weeks procured and filed new petitions of consent, which were pronounced
good and sufficient. Then the saloons were again opened and have remained open
up to this time, and few if any of them have been since prosecuted for a
violation of the present law.

   At this time there are in the city, and they are the only ones of the kind in
the county, between fifty and sixty saloons operating under the present law, and
it is claimed by the owners and conceded by the officials that they are
generally observing all the provisions and regulations much better indeed than
was to be expected in view of the past. Yet the fact remains that there are too
many so-called drug stores and other places where all kinds of liquors are being
sold by day and at all hours of the night, in direct and flagrant violation of
the law. The newspapers and good citizens generally are loudly calling for their
rigid suppression, but so far they have not been suppressed. At the same time
there are a number of good citizens, among them ministers and members of
churches, who are not and will not be content until the prohibitory laws are
revived in all their harshness and another and a more thorough attempt made to
abolish entirely the liquor traffic in the city and State. They contend
prohibition can he and will be some time in the future thoroughly enforced all
over this broad land, and to this end they labor.

NOTES.

   The first saloons were naturally somewhat rude and uncouth places, without
the fine and costly accessories of a modern bar room. The first one was in one
of the old fort buildings and for several years thereafter they were all located
on or near "the Point," the tongue of land at the junction of the Raccoon and
Des Moines Rivers. Liquors were then sold generally in grocery stores. When the
Exchange Block, corner of Third and Walnut, was completed, a fine saloon was
opened on the second floor at the west end of the building. There were tine
furniture, mirrors, pictures, etc., and during the flush times of 1856-57 this
place was much patronized by the speculators, real estate and professional men,
merchants and others of those days. For some time it was the aristocratic saloon
of the young city, though it was patronized by all classes.

   Later on the whole third floor of the Sherman Block, Third and Court avenue,
was given up to a fine bar, billiard and card rooms, under the management of
Charles Harrington and Albert Britton, and this was a great place of resort for
all who enjoyed the pleasures there to be found.

   Perhaps more old time reminiscences of this nature linger around a saloon
opened by G. Munzenmaier in 1S5G, in a large log and frame building on the north
side of Court avenue, next to the alley between Second and Third. The house was
one of the first built in the town and for a time was the residence of Dr.
William Baker. The street having been filled the first floor was then several
feet below grade. This place and its proprietor had an unbounded popularity for
several years. Everybody went there. The legislator and the farmer, the judge
and the lawyer and the laborer, the rich and the poor, flocked to this
unpretending place, and each and all enjoyed themselves in their own fashion.
Not a few grandfathers of today think back and smile over the remembrance of
pleasant hours passed away years ago at "Munz's."

   Such old timers, then jolly youths, as "Jim" Miller, Captain Ed L. Marsh and
others engaged for a limited period in operating a saloon. In those days an aged
and portly German had a small saloon on Court avenue. One holiday time the boys
mentioned and their comrades bought the establishment of the old German for, to
him, munificent sum of $7 cash in hand. They were to retain possession one day.
Jim Miller donned the big white apron and his partners went drumming up
customers. One of the first was Dan O. Finch. Dan took his drink, threw down a
dollar and after waiting for a time asked for his change. He was startled by the
polite reply, "We don't give back any change here, sir! Dan caught on and rushed
off saying, "We must catch Crocker." The latter was caught and also several
other citizens. By closing time the new saloon keepers had about quadrupled
their original capital. They then took their large profits over to "Munz's," had
a gay time expending both capital and profits and retired from the saloon business.

   Among the most zealous and noted of the "searchers" was Frank Pierce. His
fame went all over Iowa and other States. A young, wiry, nervous man, full of a
kind of reckless daring, he was for a year or two the leading spirit of these
raids upon the saloons. Many thought at times he was off his mental balance, but
he showed much shrewdness in accumulating money by his work in this line. He
commenced as a deputy or helper under Sheriff Painter, but being made a
constable soon branched out for himself. He gathered around him a number of not
very reputable men, and planned and executed searches and seizures up into the
hundreds. He was in a number of affrays, was always ready with his pistols and
did shoot and wound one or two men. He was the cause of much excitement
occasionally among the citizens, which several times came near resulting in
bloody riots. He managed, however, to generally escape himself without serious
injury. He finally retired from the business after gathering from the county and
from the sellers some §10,000 more or less in the shape of fees and perquisites.
He then engaged in business as a scavenger and had difficulties with city
officials in regard to a dumping ground. This last difficulty culminated in his
shooting of Officer Wishart, an old soldier, who was at that time acting as a
special policeman. The wounded man lingered for a short time and died. Pierce
had been promptly arrested and indicted for murder. He took a change of venue to
Warren County, where, after much delay, he was convicted of a less degree and
sentenced to four years in the penitentiary. An appeal was taken and finally the
sentence was affirmed. Soon after Pierce was taken to the Fort Madison
penitentiary, where he is now engaged in chair making.

   Another of these searchers was G. W. Potts, who first, with Pierce, and
afterwards with his own gang acquired considerable notoriety in this line of
business. He and his gang levied tribute on all sides and for a time were quite
successful. Finally Potts was convicted of perjury and given a short term in the
penitentiary. This broke up his gang and put a stop to their operations.

   There were others of these men, who, dressed in a little brief authority, cut
such fantastic tricks as made the people laugh and swear, then complain of the
sums, big and little, drawn from the pockets of the taxpayers by these executors
of the prohibitory laws of Iowa. But the names of these worthies are hardly
worthy of being embalmed in this history for the admiration or contempt of
future generations. Even at this time, when these occurrences are so recent, it
seems difficult for the average citizen to realize how and why they permitted
this parody on law and justice and this open and flagrant robbery of the public
treasury and of citizens to continue for as long a period as it did. They cannot
fully understand it. At the same time the fact these proceedings, under the
color of law, were allowed and summary punishment not inflicted upon the
perpetrators, shows conclusively the peaceable and law-abiding character of the
citizens of Des Moines. They submitted because they were committed and permitted
under the sanction of or at least the color of the law, and in the hope that the
law makers and those whose duty it was to administer the laws would ultimately
render legal justice to all. It is doubtful, however, if such proceeding would
under any circumstances again be tolerated or permitted in this community. It
would hardly be safe for other men to attempt to repeat them.

   The last prohibitory law went into effect in 1884. According to the County
Auditor's report the total amount of justice court costs paid by this county in
1884 was $4,797.11. The searchers commenced their operations in 1885 and
increased them rapidly, as shown by the increase in justice court costs paid by
the county. In 188G6they amounted to $29,096; 1887, $22,116; 1888, $20,767;
1889, $37,755; 1890, $34,343; 1891, $35,159. These enormous increases were
almost entirely due to the costs of these so-called attempts to enforce the
prohibitory law in the city of Des Moines. The total court costs of the county
in three years—1889-90-91—reached the enormous sum of $285,360.32, and in ten
years running up to a grand total of $825,562.85.

   Among the saloon keepers and liquor sellers of the past fifty years in Des
Moines were to be found W. W. Clapp, Addison Michael, James Campbell, and others
in the old "grocery" days. Later on came Charles Good, Schottenfels and John
McWilliams. The latter was one of the most pleasant gentlemen ever residing in
Des Moines, and for some years sold liquors in connection with his popular
grocery store. Lehman and George O'Kell at an early day imported and sold many
barrels of Pittsburg and Dayton ale. As elsewhere stated G. Munzenmaier was one
of the most popular of the early saloon keepers. Then there was Albert Britton,
commonly called "Britt," who was a veritable genius in wit and humor. Fred and
Charles Reinig were also in the business for some years. Then in the sixties
came Charley Harrington, Isaac Kohn, Daniel Lehane, Mat Nicholson, Tommy Whalen,
T. J. Kennedy, John Newman, the noted and popular William J. Harirs, Joe Lehner,
Adam Bachmann, John Swilkey, Westcott and a number of others. With these, though
perhaps later came George Lounsberry, Otto Monger, Lawrence Ill and others, and
in these latter days of "mulct" have come many new men from other places to
engage in the business. Among the early dealers on the East Side was Francis,
who brought the finest stock of liquors ever seen in Des Moines up to that date
and opened in a building on the corner where the Daily Capital office is now
located. In a short time his place was closed by the sheriff. Then in the same
building for some years was Charley O'Brien, who could always manage to find
something stimulating for his regular customers. And many of the early settlers
will remember old Pat Donohue, who kept further down on the bottom, and always
had on hand several barrels of "Pottsville" for his large town and country
trade. The officers occasionally raided him, but Pat always managed to keep a
good supply on hand for himself and customers, until "Pottsville" proved too
strong for him, and he died. But he had a "glorious wake," where the best of his
whisky was freely drank. And many a worse man than Pat Donohue lived and
flourished in Des Moines. Then in those early days there was Bottroff, who built
and kept a saloon on Second, near Walnut, and who sometimes had "trouble nit de
poys." He afterwards became a prosperous Polk County farmer. And there was the
Frenchman, Bernico, and his wife, on the east bank of the river, and their
"frog," a place much frequented for a year or two. Later on, at the corner of
East Court avenue and First street, Charles Boehler, honest and reliable,
located a saloon and subsequently erected a large two-story brick building,
which he owns and occupies to this day.

   The writer was in 1850-57 one of the justices of the peace in Des Moines. M.
M. Crocker, afterwards the general, one day came before him, with Bottroff, a
saloon keeper, and filed an information against one Walker, a coal digger,
charging him with malicious injury to property. Walker was arrested, and upon
examination it was learned that on the previous evening Walker with another coal
digger had been drinking in Bottroff's saloon and a light occurred. Walker was
thrown out, the door closed and several men attacked his comrade in the saloon.
To get to his rescue Walker picked up a stick of wood and battered away at the
door and windows, doing some damage to the property. After hearing the evidence
the justice determined to discharge Walker, and to give reasons therefor stated
in substance: The rule of law was a man must abide by the legitimate results
flowing from his own wrong. In this case Bottroff had illegally sold Walker
whisky to drink, and this made him drunk and violent. Now, was not the damage to
his property only the legitimate result of Bottroff's wrong in first selling him
the whisky? Walker was discharged and the costs taxed to Bottroff. Crocker was
mad and wanted the case appealed, and other saloon keepers were much alarmed at
this sweeping decision, which they claimed virtually placed them outside of any
protection from the law and courts. But Bottroff would not appeal and pay more
attorney fees. He paid the costs and the matter was settled. This may not have
been sound law—it was not so considered by the justice himself—but it was
substantial justice under the circumstances of that case.

   Here, as elsewhere, it was frequently noticed and commented upon that many
men of the best character for truth and veracity, halted, hesitated and even
equivocated, when placed upon the stand in what were generally called "whisky
cases." This was general and perhaps natural. Every honest man dislikes being
placed in the position of a spy or informer. And besides many good men regarded
and now regard it as no crime in itself to sell, buy or drink a glass of
intoxicating liquor; that it is only a mere statutory offense, with no moral
guilt attaching; and they are reluctant to aid in convicting any person of such
an offense. Hence, in the District Court, especially when Judge Maxwell was on
the bench, many amusing happenings occurred while witnesses were being examined
in this class of cases. Several times the judge imposed fines and threatened
imprisonment upon witnesses. And it was not infrequent for juries to refuse to
return in these cases a verdict of guilty, after the judge had virtually
instructed them so to do.


Additional Comments:
Extracted from:

ANNALS OF POLK COUNTY, IOWA,
AND
CITY OF DES MOINES
BY WILL PORTER.

"And this volume, dedicated to its people, sets forth in attractive style all
the facts and incidents that go to make up the history of which all citizens are
justly proud."
—Major Hoyt Sherman.

GEO. A. MILLLER PRINTING COMPANY,
PRINTERS AND PUBLISHERS,
DES MOINES, IOWA,
1898.

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