Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1901-01-10
NOTES FROM THE CAPITAL
Des Moines. Januarv :. 1eo1

Des Moines, January 2, 1901.
The packing house plant, owned by
Harry West, was sold on the last day
of the century to +. NJ Hubbell, Sons
q Co. The Hubbells will hold the
plant for tenant, and will endeavor
to connect with one of the prospec-
tive renters with whom Mr.. West
has been in correspondence. "We
shall not attempt to operate the plant
ourselves" said Mr.. Hubbell. "The
plant will simply be held by us, as
il has been held in the past by Mr..
West, ready for any tenant who may
want to open up the packing business
in Des Moines."
The supreme court has handed
down a decision of vast Importance Ia
temperance people who are fighting
saloons in the little towns. In sub.
stance, it is held that the canvass OF
names to statement of consen.
must be made from the poll boo =
and that when the town is small and
only part of precinct. where votes
are east ut general election, there
is no poll books showing separately
the voters of that town. In such q
case the petition of consent is NOT
valid. The case is entitled Hill VS.
Gleisher and is originally from the
Winneshiek county court.
Judge MCPHERSON of the federal
court has handed down decision in
the case of X. s. c. Davis, aaministra.
tor of the estate of $. T.. Davis, de-
ceased, in which the question of
whether or not a bankrupt may DE
compelled to give an account of his
assets and liabilities after he ha, re.
ceived n discharge through fraud is
decided. The court holds that in o
case of that character when he has
evidence sufficient to show bank.
rupt to have held back a portion OF
his assets, plaintiff is entitled 20 an.
other investigation.
Former State Senator Lathrop has
applied 10 the state executive council
for authority to proceed to the col
lection of about $375,000, which it is
claimed the general government owes
Iowa as interest upon the funds
which she used to fit out her troops
during 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 $375,000 on that portion OF
the funds used for the troops, direct
ly, for the principal was not refunded
for twenty-five years. Auditor of
STATE Merriam has had the corre-
spondence with Senator Lathrop i'm
charge, and will bring the matter be-
fore the state executive council Mr..
l.athrop represents that he has
Washington connections which will
DC au;c 20 present the states posi-
ton there, and he is confident that
the state can recover this money. lie
wishes authority to proceed to col
lect 1t. So far it has been found inn
possible to compute, accurately, TIE
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, il il is
determined by the state authorities
that there is color 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
lion at per cent would have amount
ed to about $4,000.
A Des Moines lawyer has called at
tention to the following extract from
a chapter on legislative intent in
work entitled, Outline of Criminal
Law and Procedure" written by JUS
tice Emlin McClain while he was
chancellor of the University law
school:
Legislative Ihtent.-It is but put
ting the rule, requiring the purpose
of the statute to be considered, in
another form to say that the legisla-
tive intent is TO ascertain and follow.
This is the primary object of all rules
of construction or Interpretation.
When that is made PLAN 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. / Bl.
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.
"The post will ne named Fort Des
Moines," Captain Hull said in an in
terview here. That much has been
decided upon, though no official ac-
ton has been taken yet, and probably
will not be for some little time. But
there is no question about the name.
Letters from Des Mones men, includ-
ing p. NJ. Casady and Hoyt Sherman,
were forwarded to the secretary of
war, and Secretary Root added his
own recommendation to the request
or the Des Moines men that the post
be named Fort Des Moines." Con-
gress names the post.
Treasurer of State John Herriott
rendered his resignation TO Governor
Shaw on the 5th, thus getting around
the embarrassment which might
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