Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-08
N[N MEN IN Charge
New State Officers Sworn in and
Old Ones Retire Without
Protest.
Cilbertson Finds Nearly a Mil.
lion Dollars in the State
Treasury.
Interesting Law Point in Tele.
phone INSTALLATIONS Re-
ports Of Smallpox.
Special to Republican.

Des Moines, Jan. S.-The changes in
the state offices made yesterday We're
without incident The new officials
found 1T easy to take hold. In every Of
flee some of the old force lis retained
and thus the transition is made without
q break in the work. The greatest in
tereet conferred around the treasurer's
office, where the new treasurer receipt
ed for THE agricultural college bonds
and s1S,s4s.53 cash, When Herriott
took charge six years ago the treasury
had sl09, S90.97 to its credit. Mr.. Gill
Ibertson was at his office, but he is far
from being a we'll man. He will return
at once to Chicago. where his wife has
gone for the second time to have an
operation performed. Today the com
'bination on the locks in the treas
lSurers office We're changed, in accord
ance With the request of the retiring
lofficials. The bonds of the new state
officers We're approved and also the
bonds of the repositories for the state
money. Both Martin and Gilbertsons
hold commits sions of appointment from
Governor Shaw, as we'll as certificates
sof election, thus shutting off any posi-
\ bic controversy because OF the biennial
detection amendment. Remley did not
resign because to have done SO would
havt. been inconsistent With his atti-
4 tude toward the amendment. which he.
/ holds to be legal and not to extend the
5lsoffices which expire at the beginning of
this year Mr.. Rennley left for home,
Hast evening and Will devote some time:
to the amendment case and his private
affairs.
Another case under the Titus amend
lsnent muddle was started in Des
4 Moines yesterday Mr.. Blyler justice
4 lof the peace in Lee township refused
10 turn over his books and records to
4 his successor MIR. C,hristy. 1t was com
4 nencedl on relation of the state to com
A pei him to give up his office. 1t will
4 await the action OF the supreme court
in the test case from Washington
county
& An interesting law point was raised
j in court here TODAY by the attorneys for
A the he'll telephone people IN the suit
Il brought to Dust the Iowa Telephone
4 Company from the streets and alleys
s. of Dee AIoinss. The Iowa company at
hone time held a franchise for telephones
III in Des Moines. but the franchise ex-
zl5pired. since which time 1t has been the
j. general understanding that the com
lspany was continuing TO do busi mess
]. here on suffrance. Suit was brought Z
s compel the company. to remove It's poles
5 and wires from the Streets because II
Il has nothing to show that 1T has any
bright to keep them there. Now tins
company enters a demurrer, which Is
Lifts strong point in the case, IN which
lsth.. claim is set UP that prior TO ! ne
e.na ctment of the code of 1897 the COM
|spanN had an inherent right to come
upon the highways of the state and e
occupy the same. that the streets and
a alleys of a city were regarded as nigh
Z ways, that the only power the ml-
!. lnicipaltty had then was to regulate NE
same, and that since the company
acted under this general rule and op-
8 tanned vested rights 1t cannot now De
Gus ted. The code Of 1897 made changes
(which bring telephone companies under
a different rule. but the contention Is
THAT no franchise was needed prior TO
Il 1897 and the streets were free 10 al
lEwho should choose to come upon them
If this contention Is shield here It VII
( hold good in almost every city OF the
Estate. for nearly all the telephone
-slsplants were put in before the code OF
.l'1S97 went into force. If the contention
lis good then all telephone companies
: doing business prior to 1891 have a per
petual franchise and are subject only
TO regulations which may be imposed
$3.50
Much injustice is being done some OF
Fl the towns and cities OF Iowa by false re;
I3ports regarding the smallpox epidemle
The trouble is that residents OF SONS
flstowns are not content to deny tnat stnere
lis smallpox in their community, but g
q further and tell of the possible state OF
All affairs In some rival town. All sorts
{ IF rumors are circulated for no apparent
! reason. The rumor reached here indi
|rectly that there had been ninety case:
= in Webster City, and that there were
Twenty cases in Lehigh. DR.. Kennedy
az the state board of health, has received
r 20 official news of this kind and say,
9 that 1T can not be true. There have
S been a number OF cases in both thess
: places. but nothing to cause undu,
r alarm. The six cases in Des Moines
i have been quarantined and can not ge
e away. The disease is in small board
i ling house where four of the family ar,
: down and two others. One person VIII
4 Twas boarding there went to Boone ant
: carried the disease. The Lake City case
n have all got we'll and school has beer
lsreopened In fact. this is the state o
affairs at several points in Iowa wher'
there were cases.
Y An unusual request was received a
& the office of the adjutant general tn
u ether day. 1t was request from
: man i'm Keokuk for the war record o
: his son who enlisted in the rebellion a
: Keokull. 1t is usual for these inquire
e To come from sons in regard to the wa
: records of their fathers.
a There was some surprise and disap
Monument at the state house yesterda.
when it became known that Capt. w. I
Wilkinson is to be let out of the stat
y auditors Office on March 1. Capt. Will
It tinson has an insurance clerk in the of
\ fee for dozen years or more. He is
!. ,rominent Grand Army man. was for
mer editor of the Grand Army Advo
: cate. and has always been on the stunt
!. for the party in all important cam
. paigns. He is also the only old soldie
r left in the auditors Office. His success
b sor will be William Lewis, at presen
: chief clerk in the secretary OF state
J, off7ca and a very efficient clerk.