Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1900-10-26
NOTES FROM THE CAPITAL
Des Moines, October 90, 1909.

Des Moines, October 90, 1909.
Reports Of an alarming nature, tell.
ing of the existence OF twenty-five to
thirty cases of smallpox in MononA
county, have reached the Office Of The
state board of health. The cases ore.
reported from Center and Jordan
townships in that county and from
she town of Moorehead. It is report
ed proper disinfection is not being
enforced. DR.. Kennedy of tho state
Board of health has written to Dr..
Condit of Sioux City and requested
him to look after the matter.
fhe supreme court has Sustained the
,tecisior of Judge Stevenson Of the
Polk county district court in the case
ST A. F. Bissell, administrator of Che
estate of Frank S. Law, deceased, ap-
pellant, VS.. Frank Starzinger. vhe
case was one in which the adminisera.
tor alleged by reason of sales OF
iiq Tor made by Starzinger to law.
Wien tie latter was intoxicated and
habitually drunk. the Law estate YEAS
damaged l., the sum of $1,000. For
this sum Judgment was asked against
Starzinger, who owned and operated
I saloon in Des Moines. The defend-
sns demurred to the petition on var
ious grounds. One of these was that
the estate had not been damaged as
the evidence introduced showed tho
plaintiff to have been a habitual
lrunkara and incapable of earning
money. The demurrer was sustained
and Judgment was rendered against
the plaintiff, Gismissing the action and
for costs. The plaintiff appealed. but
tn, supreme court fully upholds the
trial courts decision. gt sa
The members OF the board Of con-
irol have returned to the city after
visit to all the state institutions in
northern Iowa. Judge Robinson and
John Cownie of the board left on Che
tour of inspection October II. Gnd
later We're joined by Judge Kinne.
The board expects in short time to
formulate the rules governing county
hospitals, it having inspected the dif-
ferent county institutions in the past
several months.
The typhoid fever epidemic at the
state hospital ut Independence is
greater than has been generally
known. There have been over two
hundred cases since it recently bpoke
out there, and it has resulted in
twenty deaths. There is also q great
deal of sickness at the Soldiers home
ut Marshalltown. Over seventy in
mates of the home are now in tho
hospital. No epidemic prevails there,
but the general health is not good.
The supreme court handed down
an opinion in the Bonaparte dam case
| adverse to the state. The supreme
| court holds that when the state
transferred the Bonapartc dam by
grant it did not abrogate its right
to exercise thereafter q police
power; that no constitutional right
of defendant Byron +. Meek is in
volved, and on every other point sus
tains the contentious of the state
except thatsit is held the decision of
q justice Of the peace to the effect
defendants Had contract right to
maintain the dam without fshway,
and, being unappealed from, the judg-
ment is final, for there is no show
ing that defendants have lost that
right since the formal trial, and upon
this single point the supreme courts
|decision against the state is based.
p. TT. Skinner has been agreed upon
| by State Treasurer. Herriott and
| Auditor Merriam as the expert to
I M an.
last meeting Of the executive council
the treasurer and auditor were nam.
ed 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
the councils approval. For SEINE
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
dcred by the executive council. Tt
is within the power of the governor
to direct such examinations to BE-
| maze du any tline. .-...s 4r
Chairman Estabrook Of the Mar.
shall county republican committee.
Auditor Hargraye and Coroner kterIe
were in the city consulting with At
torney General Remley and Chairman
Weaver in regard to the attempt on
the part of the democrats to inyali
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-UnGer the showing there is
no vacancy in the Office OF coroner
i in Marshall county.
"Second--f there was a vacancy
ind the auditor should refuse to place
the name Of the democratic nominee
upon the ticket, the remedy would
be by mandamus proceedings
i "Third--4i the ticket goes out
without the name of the democratic