The Leon reporter. (Leon, Iowa) 1887-1930, 1900-11-01
NOTES FROM THE CAPITAL
Des Moines. October 40. 1900.


The supreme court handed down
nm opinion in the Bonaparte dam case
adverse to the state. The supreme
court holds that when the state
transferred the Bonaparte dam by
grant it did not abrogate its right
to exercise thereafter q police
power; that no constitutions. right
of defendant Byron r. Meek is in,
yolyed, and on every other point sus-
tains the contentious Of the state
except that it is held the decision Of
p Justice of the peace to the effect
defendants had contract right to
maintain the dam without fishway,
md, being unappealed from. the iudg-
ment is final, for there is no show.
Ing that defendants have lost that
right since the formal trial, and upon
his single point the supreme courts
decision against the state is based.
2. Il. Skinner has been agreed upon
ny State Treasurer Herriott and
auditor Merriam as the expert to
Examine the various offices. At the
last meeting of the executive council
the treasurer and auditor were nam
led as committee to select some per-
son to make the examination. Their
selection is subject to the approval
of the council. If Mr.. Skinner makes
the examination he will be empower
ed to select his assistant, subject to
athe councils approval. For some
days past w. S. Richards. pardon
CLERK under Governor Shaw, has been
engaged in an examination of the
records and accounts in the office Of
auditor Merriam. This examination
is entirely distinct from the one or
.dered by the executive council. It
is within the power of the governor
to direct such examinations to be
h-ade at any time.
Chairman Estabrook of the Mar
shall county republican committee
Auditor Hargrave and Coroner Lierle
were in the city consulting with At
itorney General Remley and Chairman
Weaver in regard to the attempt on
the part of the democrats to invali-
date the coming election in MARSHALL
county unless the name of the demo
cratic nominee for coroner is placed
upon the ticket. Attorney General
Remley looked the case over care
fully, and after thoroughly investi-
eating the subject, took the ground
that the republicans need not be-
alarmed over the threats made. He
gave the following opinion:
"First-Under the showing there is
mo vacancy in the Office CT coroner
lin Marshall county.
"Second-If there was vacancy
and the auditor should refuse to place
1.-THE name of the democratic nominee
upon the ticket, the remedy would
be by mandamus proceedings.
Third the ticket goes out
without the name of the democratic
nominee upon it, it is still valid
ticket, for the law does not contem-
plate the Acknowledgement of the
voters.
"Fourth-The right to challenge
voter depends solely upon the quail
what may or may not be on the bal
lot.''
The supreme court has affirmed the
decision of the lower court in the
Polk county court house controversy.
The court holds that the county NAV
sell the old court house site and use
the proceeds thereof in the purchase
OF a new site and may use any avail
able money in the county treasury in
a like manner. The court holds that
the county canaot issue bonds for
fheSs'urekase of a new site, but may
issue 1on-negotiable warrants for
the purpose and may levy tax rum
ming over a term of years for the re-
demption of these warrants. This
permits the county board to buy
new site. which it is trying to do.