Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-07-13
TIE COURT 70 DECIDE
Executive Council Instrncts Attor.
ney General to Bring Suit
Against Clerk Jones'
Facts in the Case Not in Dispute
Purely Question Of
Law.
Assessment Of Express Companies
Worries Executive Council
Commission Named.


entirely out of politics and leaves it no
longer a subject for discussion or a |
matter to be dragged into conventions
or to be made capital Of in any way by
any designing person The question in
tvolved is purely one OF law and not OF
fact There is no dispute anywhere
about the facts. No one has accused
Mr.. Jones OF any dishonesty or Of con-
5cealing anything. He has simply fol-
lowed the precedent established in the
office more than twenty years ago. ana
If a new Interpretation is to be put
upon the law he insists that the courts
should do it.. Whatever the court de-
scides he can With self respect abide by
and of course he will do go. The attor-
ney general was directed by majority
of the council to do precisely what
Treasurer Herriott wanted to do-that
is. to bring a suit against Mr.. Jones to
test the law in the courts, and yet Mr..
Herriott voted against the resolution.
Whether or not he will indulge in an
other protest is not yet clear.
Probably the people Of the state do
not understand what is involved in the
uncollected fees which have been re-
ferred to so often in this controversy.
The statute requires that where an a p-
peal is taken to the supreme court the
case must be docketed thirty days be-
| fore the second term of court after the
appeal Is taken. A fee of So must be
paid for docketing the case. II often
happens that attorneys send in their
1 papers just in time to get them filed
land forget or neglect for some reason
Ito inclose the docket fee. II the clerk.
| should refuse to docket the case until
| he had written to the attorney and se-
cured the fee it would often entirely de-
4 feat the appeal. In that case the inno-
cent appellant would be the sufferer in.
stead of the attorney who had been
| negligent, and the case would be en-
tirely thrown out of court. In such
4 cases as this Mr.. Jones has taken the
Responsibility of accommodating the
3Ilitigants and the lawyers by docketing
the case and taking his chances on get
/ ting the fee. OF course he is responsible
4 for these fees and he has Informed the
governor that he will pay into the
TREASURY at once the amount of these
lIuncollected fees and trust to the honor
of the lawyers to reimburse him. But
he says he viii continue to accommo-
! date the public in the same way. Mr..
4 Jones has also paid into the treasury
abou; s125. being the fees received for
4 transcripts TO the United States SUI
t.preme court and for searching the rec
4 ords of his office for information for
! private parties. So the question for the
u courts to determine will be whether or
4 not he is entitled to the amounts re-
Eceived for copies of opinions furnished
TO the West Publishing Company and
Il to lawyers. all this work having been
Y done without expense to the state.
!. The executive council has run up
Il against a snag in the assessment of ex-
Il press companies and the whole matter
. has been put over until the return OF
Governor Shaw from colorado. Under
the operation of the new lay the council
q. is required to ascertain the actua
value of the property owned by the ex-
press company from reports submitted
and deduct therefrom the value Of
property outside the business of the
. company. The council is to ascertain
1.-The actual value of the property within
isl8take into consideration the proportion.
al value of the conlpanys property
II without and within the state. Deduc
! tions must also be made of the actua
value of all real estate. buildings, ma
I, lichinery, appliances and personal prop
herty not used exclusively in the conduc
2 of the business within the state tha
9 are subject to local taxation. After do
~. ~, -
l dividing the value by the number o
miles. a strict construction of thi
law would result in a very low valua
ton of the express property in Iowa
7 In fact, II would probably reduce th,
a taxes to be paid by express companie
with one exception. For these reason
e and because Treasurer Herriott wa
e absent from the meeting yesterday af
o ternoon when this matter was takel
8 up. further action was postponed. Thi
\ 4 law is the Cheshire law pure and sim
t Pile, with very slight amendments. Th
$ theory does not seem to work as wei
S as some of its advocates thought
r would. The practical demonstration o
the operation of the law justifies tn
position taken by those who oppose
Its passage on the ground that ii wa
!, unjust and would result IN no good.
7 The milk dealers Of the state are pay
!. ing more respect to the law than the
= have heretofore. They are payin
: their license fees without grumblin&
> altho occasionally man writes to tn
!. state dairy commissioner to know
: : they are going to pay the license thi
year" Upon being assured by tn
commissioner that they" are certain
ly going to pay. there is no furthe
hesitancy about 1t. Last year the ofiic
collected $713 for 7l3 licenses. The
{ are renewed ol the ..tshi off July, bl
5 only about haH this number are issue
at the first OF the year, others comm
t In later. The fees do not begin to pa
e the cost Of milk inspection in cities.
The death OF Port G. Barron, editor
!, the Pocahontas Record. which occurre
On Monday Of paralysts. wa . gre,