Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-01
ourt will pass on this early in the.

lSIlHe rs
A decision is expected in the case
brought by the University of Illinois
aaginst John Hays of Red Oak, to make
him liable for portion of a debt of
s515000 on account of the defalcation of
C. w. Spaulding, treasurer of the uni-
versity. Hays was surety on the bond.
He claimed exemption because the bond
had been changed after it left his
hands. Spauldlng was sent to Joliet PEN
itentiary.
The Monona county ditch case is due
for decision now. This involves the
big ditch now under construction to
Drain parts of Woodbury. and Monona
counties. As usual in such cases. there
was objection to such public improve
ments and the case got into the COURTS
But the ditch is being dug, just the
same.
Another Important matter to be de-
cided by the court at this term Is the
tax ferret cases. A number of these
cases have come to the court, some
from Palo Alto county and some from
other parts of the state. The cases se-
lected by, tie attorneys for test cases,
on the leading points Of the tax ferret
law, came from Jasper county, where
Judge Dewey had rendered an elaborate
opinion sustaining the tax ferret law in
every particular. In view of the fact
that Judge Dewey had gone deep into
the question the appeal test came from
his court. The aggrieved property own
ers who have been compelled to pay
taxes on property which had hitherto
escaped taxation have set up that the
whole tax ferret law is wrong because
it Impairs the obligations of contracts,
disposes Of property without due pro-
cess of law. Its provisions for interest
and penalty create and produce unequal
taxation, 1t increases penalties without
due notice, it is contrary to public poll
icy and opens up plain avenues for ex-
.tortion and blackmaii, its provisions for
penalties are ex-post facto laws, 1t vio-
lates the essentials OF justice and good
government; in short, the law is mon
strosity fit only for the dark ages. The
main reliance of the opponents Of the
tax ferret system, however, is in the
claim that the law is retroactive and
therefore unconstitutional. Judge Dew
ey disposed of his contention by holding
that the law is merely remedial and
that it is retroactive in effect only and
not in fact.
Another case that is anxiously
watched by several is that of the ap-
peal of l.. r. Bone from Cerro Gordo
county, murder case, with several I'M
teresting questions involved. 1t has
been ably argued before the court.
The Sioux City water works case will
probably be decided at this term. Capt.
r.. j. Case came all the way from Seat
tie to appear for the water works board
in this case and orally argue the case.
The validity of the law placing control
of the Sioux City water works under a
GonRissfon appointed isDy the 6istfict
court Is involved.
The Cedar Rapids water works case Is
on for submission at the present term of
court. 1t involves the franchise of the
Cedar Rapids Water Company and the
question of rates to be charged.
An Interesting case to be submitted
the last week of the term is the case of
the city of Des Moines VS.. w. S. Keller
The ordinance of the city requiring that
bicycles must have lighted lamps on
them when used after dark is involved.
Keller refused to pay the dollar fine as
sessed against him for failure to have a
lipht on his vehicle. He took the case
thru the district court and asks the SUI
preme court to guess on it. He con-
tends that the ordinance discriminates
as between vehicles and is therefore in
valid.