Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1900-11-29
NOTES FROM THE CAPITAu
Des Moines. November 26. 1000.

Smallpox is very prevalent in Iowa
this winter. At least dozen cases
from various parts of the state have
been reported to the state board OF
health, and there IS every indication
that there will be as much of an
epidemic in this direction as last
year. With one or two exceptions
there is but one case in a commun-
lty, and the disease has only mani
iesteI itself in very light form.
Inc last report received came in
THIS morning from Hooking. Monroe
county The family had recently
moved in from the state Of Washing
ton, evidently bringing the disease
germs with them Many of the cases
smallpox was prevalent last winter.
large in the mining communities.
The plan of action in the Titus
amendment matter seems to be very
clearly outlined, and the plan which
is now being discussed is the one
which III afford the most speedy
relief. is the enjoining of the
governor from issuing certificates of
erection of the different state Off
GERS elected at the last general cleo
tlop. This will bring the matter
squarely before the supreme court at
the december term, and an opinion
can thus be had before the first of
the year, and rendering any delay
unnecessary. The other plan sug-
gested was TO have the supreme court
rule on motion as to whether Gen
eral Henley or Senator Mullan should
be "cognized as the attorney gem
er,I. No cause for action would be
mad IN this case until after the 7th
OF January. however, hence the plan
OF enJolning is much more practic-
able.
Judge Mcpherson has dissolved
the restraining order issued Nov.
against the Tri-City Labor congress.
Judge Mcpherson declared he had
issued the restraining order under
misapprehension of the facts. He
held in dismissing the case that the
court had no jurisdiction. This is
the case known as the government
by injunction case. It was the out
growth of strike of the clerks en-
ployed by plaintiffs, who are cloth
ing merchants, because of their re-
fusal to accede to the demands of
the Retail Clerks union. After the
strike the trades organizations pa
raded the streets of the three cities
and displayed banners urging a boy
colt of the firm, attacked it through
their union publication and delegated
union men to distribute cards in
front of he firms place of business.
calling attention to the boycott. The
firm secured restraining order from
the United States court, prohibiting
then from doing all these things.
City Assessor French has notified
every cigarette dealer in the city that
they must appear at the office of the.
county treasurer at once and pay the
quarterly assessment mulct tax
amounting to $75 each. This is done
consequent to the United States SUI
preme court decision few days ago
lnvalidating the original package law
which went into effect three years
ago. 1t is believed that dealers are
not only liable for the quarterly
assessment but can be held for the
mulct tax dating from the time the
original package law was sustained
by the federal court at Cedar Rapids
three years ago. Since that time
Iowa has collected no tax from Gig
arctic dealers who adhered to the
original package, assessments being
made against only those who did not
do so.
Governor Shaw and Attorney Gen
eral Remley both incline to the opin-
ion that the general assembly can
meet in regular session in 1902 and
again in 1908. Able lawyers of the
state are divided upon this question
many holding that under the Titus
amendment there would be no regu-
lar session until 1903 and a special
session would lave to be called in
1902 to provide for the state appro-
priations which expire at various
times during that year. The Titus
amendment does say that the
general assembly shall meet in reg
ular session in 1903 and piennialIy
thereafter. The constitution of the
state provides, however, that the
Legislature convene bienniany and
that would bring the next regular
session in 1902. The attorney-gen-s
eral, while he is not disposed to go
on record on the question, yet ex-
presses himself strongly of the opin-
ion that the Titus amendment does
not affect the regular session in
1902, but that it does amend the con-
stitution in such a way as to provide
for another regular session in 1903
and biennially thereafter. Governor
Shaw says the question of the effect
of the Titus amendment on the meet
ing of the general assembly was dis
cussed at length by the lawyers who
were members of the Legislature and
they were unit in believing it pro-
vided for a meeting of the general as
sembly in 1902 and for another in
1908. There was some talk of MAX
ing appropriations to provide for the
state until 1908 and have no session
in 1902. but it was finally decided to
make the appropriation to continue
only until 1902 and not interfere with
the regular mee,.ng of the assembly
in that year. The attorney general
says that if when the time comes a
difference of opinion still exists the
governor can, in order to assure
safety for all concerned, issue a
proclamation for special session in
1902 to provide for state appropria.
tons.