Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-01-11
NOTES FROM THE CAPITAL

for authority to proceed TO the COL
slection of about $375,OO0, which it is
claimed the general government owes
Iowa as interest upon the funds
which she used to fit out her troops
aduring the civil war. The state used
about 100000 during that period,
most of which went to this purpose.
This money was worth, then, 6 per
cent. The government refunded to
the states the principal of these
funds, but. as in the case of the Span
ish war, did not pay interest. This
interest, it Is computed, amounted
to about $4,000 on that portion ~
ly, for the principal was not refunded
for twenty-five ears. Auditor OF
State Merriam has had the CORE
spondence with Senator Lathrop in
charge, and will bring the matter be-
fore the state executive council. Mr..
Lathrop represents that he has
Washington connections which will
be able to present the states posi-
ton there, and he is confident that
the state can recover this money. He
wishes authority to proceed to col
lect it. So far it has been found i'm
possible to compute. accurately. the
amount which the state invested in
the purposes outlined, and it is not
yet known whether the government
had ever refunded interest on these
funds or not. The matter will be
taken up at once and pushed, if 1t is
determined by the state authorities
that there is a 'olor of right in the
proposition. The state is also await
ing $4,000 which the government:
owes us on account of funds expend
ed on account of the Spanish war.
The interest on this quarter of a MIL
e lion at per cent would have amount
ed to about $4,000.
A Des Moines lawyer has called at
tentior 10 the following extract from
chapter on legislative intent in a
work entitled, "Outline of Criminal
Law and Procedure" written by JUS
tice Emlin McClain while he was
chancellor of the University law
school:
"Legjslative Intent.-It is but put
ting thu rule, requiring the purpose
of the statute to be considered, IN
another form to say that the lcgisla-
wv lhUCllN 10 w uoCCI vain tIbN lOlN'Hs
This is the primary object of all rules
of construction or interpre tation.
When that is made plain by the signs
or indications which the law regards
as authoritative, there is no further
room for such rules to operate.
Where the language is clear and ex-
plicit, and susceptible of but one
meaning, and there is nothing incon-
gruous in the act, court is bound
to suppose the Legislature intended
what the language imports. / ri.
Cow, SO and Cooley's note"
The attorney thinks that inasmuch
as McClain is one of the three dis
interested Judges who will pass on
the case, this little extract from a
work of his own preparation and
from which he has been engaged in
teaching for years may indicate the
way he will lean in preparing his
opinion on the Titus amendment
Estimates by the city's leading ply
sicians place the number of Des
Moines people who are i'll with colds,
grip, in11uenza, ETC., at 22,500 or
thirty per cent of the population.
The effects of the epidemic are felt
in every branch of the city's life. In
commercial circles it has been the
cause of much grief. Business houses
of all kinds, department stores,
banks, insurance offices, and all other
institutions which employ men and
women have suffered. Interviews
with employers and proprietors
throughout the city show that over
10 per cent OF the employees of all
houses are kept from work
by the disease, and many others
affected but still at work. In the
public schools the same condition
prevails. At the West Des Moines
high school five teachers and fifty
pupns are out on account of severe
colds. This is over 10 per cent of
the total enro '!ment. About the
same per cent is to be found in all
the other schools of the city, barely
half the pupils being present. Com
par;son with opening days in the
schools on previous years indicate
the cause is the influenza epidemic,
as ordinarily the tirat days attend
ance is good. The physicians say
practically every patient they see at
present is troubled with grip. In
many instances an ertire family is
affected at the same time.
Three changes in state officers have
Just occurred w. 3. Martin succeed |
ed G. L. Dodson as secretary of state.
G. S. Gilbertson took John Herriott's |
place as state treasurer and Charles |
W. Mullan became attorney general,
succeeding Milton Remley. Owing to
the doubt of the effect of the Titus
constitutional amendment, Messrs. |
Herriott and Dobson formally re-
signed their offices, and Governor
Shaw appointed their successors and
Mr.. Mullan to the Offices to which
they were elected "to fill the vacancy,
if any exists" Mr.. Remley did not
deem it necessary to resign.
If there was every any doubt that
Mayor Hartenbower possesses the
power to close the gambling houses
whenever he desires it, it is dispelled
now. On the strength of an edict
issued by him and delivered through
Chief Mathis, every gambling house
in Des Moines has been closed as
tight as drum. No raid was neces-
sary. The proprietors of the differ
ent resorts that have been paying the
city the monthly 5000 for the sake
of immunity were merely notified