Omaha daily bee., 1900-12-21


the State university had 26O; the State
Normal school. POS; Highland Park college.
1872 Drake university 150. State college,
70; Grinnell. 70; Western Normal college,
81 and Cornell, CO.
supreme Court Decisions.
An important case decided by the Iowa
supreme court today was that known as the
Marco Chiesa case from Polk county, in
volving the character of the mulct tax
law for saloons. Chiesa was under in
junction not to sell liquor under the old
law. He was fined for contempt He con
tended that when the code was adopte ed
and the mulct tax law materially changed
the legislature thereby made a new law
and injunctions under the old law were no
longer in force. Judge Prouty Of the dis
trict court accepted this view OF the case
but today the supreme court decided other
wise and holds that injunctions under the
old law are still in force.
Another case was from Audubon county
In which an itinerant doctor escaped the
penalty OF violation OF the medical practice
act by contending that determinations in
the act were unconstitutional He held
that the requirement that "A physician, TO
get certificate without examination must
years in enc locality" was discriminating
against the itnerant doctors. Judge Macy
held to this view and released the doctor.
but the supreme court. on an appeal from
the state, decided that the law is fair and
not discriminative.
In a case from Madison county a con-
victed person sought to escape on the tech
meal objection that more than one person
was in the grand jury room when wit
ness was being examined. The witness was
girl who was very nervous and her father
was permitted to be in the room while she
gave her testimony. The court holds that
this was not violation OF law.
The following are the cases decided to-
day:
Clearfield Bank against Elmer A. DIN ct
firmed. ~ "
asaIaTt chsTio5ie e vanL,,nSn XSanGipkls appellant
on promissory note; affirmed.
Jennie Brooks; appellant. against Thomas
Sewers; Mahaska county; malicious prose-
State against a. L. Wood, appellant;
Madison county; Indictment for perjury:
G.. II. Ainley against American Mutual
Fire Insurance Company, appellant: Polk
county action on note; modified and af-
State against David r. Wright. appellant;
hppanoose county; conviction for man
slhugnler, reversed,
State, appellant against William NJ. Bair:
Audubon county; involving practice by an
ilnerant physician; reversed
Hickman Grain Company; Taylor county;
action ON note: affirmed.
state against Orris Wolf ct al. appellants;
Poweshiek county; conviction for criminal
assault; reversed,
sta State against prouty, Judge of court in
POLK county, certiorari proceedings in case
or Marco Chiesa; liquor case; annulled.
Cigarette Tax Test.
The attorneys for the American Tobacco
company have perfected their plans for
testing the Iowa tax law relating to dealers
in cigarettes. The cigarette dealers who
were selling for the company in Des Moines
were assessed s75 each for the current
quarter as soon as the Tennessee decision
was announced. The assessors claimed
that as they had been selling since the
first OF September in violation of law they
had right to make the assessment and
make the dealers all pay, even If they did
stop selling as soon as the tobacco com
pany gave notice that II would not longer
be responsible for the tax. Now the COM
pany will have one OF the dealers pay the
tax under protest and ask the county to
remit the taxes. This will be refused and
the case will so to the court Immediately
on application for an order to remit In
as the assessors have in some in
stances made the assessment of taxes since
the law went into effect three years ago
and the American Tobacco company was
under contract with all dealers in Iowa
to stand all expenses brought on by en-
tanglement with the laws, the case will
be pushed hard.
Judge McCiain Takes Oath.
Emlin McClain, the newly elected Judge
or the supreme court. took the oath of
once today and is sitting with the court,
not yet member.
Is. Murphy, editor of the Vinton Eagle
Is in the city arranging to take charge of
the state printing the first OF the year
He Will not establish a new office, but make
a working arrangement with one OF the
offices already established.
The Roodewig- Schmidt Candy company OF
Davenport has become incorporated with
100000 authorized capital stock.
DOrmitOry to lie Rebuilt.
President Beardshear of the Iowa State
college and a committee of the trustees.
consisting Of Messrs. McElroy, Hungerford,
Boardman, Dixon and Jones, waited upon
the executive council today and formally
applied for an appropriation of 500, 900 for
aid for the college in replacing the burned
building at Ames The executive council
decided not to act hastily, but all members
OF the council, Governor Shaw, Secretary
Dobson, Treasurer Herriott and Auditor
together with State Superintend-
ent Barrett, went in body to Ames to
view the ruins of the burned college build
Ing and meet with the trustees. As re-
suit or this meeting the council author