Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-21
|GUhh|NS 70 SPEAK
Noted Attorney Will Make Oral
Argument in Titus Amend
ment Case.
He will Make Principal Plea
in Behalf Of Its Lee
sality.
Consolidation Of the Iowa State
Library and Historical
Department.
Special to Republican.


Special to Times Republican.
Des Moi1les. Jan. 81 The major ar
gument in behalf of the legality of the
biennial election amendment Will be
made to the supreme court next
"Wednesday by a. b. Cum1nins who
has from the first taken a decided
stand in favor of the amendment and
the principle of BIENNIAL elections, and
who has never doubted, since nvesti-5
eating ths record and the law. that the
amendment ought to be declared le-
gally adopted. Mr. Cummins was asked
to make this argument not only by the
tsattorneN general. who hes charge of
the case, but by Sena tor Titus, Mr..
Remley and others int rested in the.
case. His part of the argument Will be
that relating to the sufficierrcy Of the
! various acts preceding the election and
to show that tlie alleged defect in the
records of the twenty-seventh general
assembly is not vital or sufficient to de-
feat the wish of the people s., clearly
expressed at the polls. NJ. H Ramley,
I iex-attorney general. in his argument
| to the supreme court Will confine him
| self to the question of so-calledi liberal
construction Of the amen ms nj, or
| the alleged defect within the amend
ment relating to the particular others
| whose terms are extended. He Mil
largue for construction of the amend
\ nlent in accordance With the uilques-
tioned intent of lis Trainers and the
people VINO voted for it. 1t IS expected
THAT Marsh w. Bailey, the county ar
rorney of Washington county, who
brought the suit TO test the amend
| lnert. will appear in an oral argument
ITO urge that the entire amen DINE MT be
declared not adopted. 1t is his conten-
tion that the amendment was not
! adopted at all, hence the term Of his
4 predecessor was not extended az;
| claimed by the latter The case is 50
4 complicated that a conference Will be
held today and probably several others
i before the case goes to the court for
4 submission. to Caterrnine just what at
tcrneS shall speak and what particu-
4 lar phases: of the case they viii cover.
4 The door is open for printed arguments
s from all directions and several emit
i nent ATTORNEYS. Including Senator Titus
4 himself, are awaiting themselves Of his
i opportunity to reach The court.
4 Consalieation Of ne Iowa state li-
4 brary and the Iowa historical Depart
nent VIII soon b. an accom- plishes fact.
in accordance with tlle plans approved
sEby the last legislature and considered
al. an Important meeting of the library
i board and historical department triis-
sEtees last week, The rooms occupied by
i the stats library are entirely too small
i for SUCH an isliportan branch Of the
slate ed1lea tioEal system and his fact
Vas cons asst,ed when it was determined
some years ago that d. new building
Eshouid b. built for the historical de-
4 lpartment ants library. While consoii-
cation was effected Theoretically the
first OF the year. as provided by law.
4 the library viii not be moved into the
4 historical building until ii is mors
i nearly completed This wsrk the his
torical books n the state libary VIII be
lmoved into the historical building and
! gradually the books which relate more
ldirectly to historical affairs Will be sent
4 lover 10 the historical building. The
4 flies of newspapers. a part of which are
sInnW in the historical department., Viii
ala be taken there. Then there viii be
q merging of the reference work OF q
miscellaneous character. The Intention
Is to effect a separation cf the iaw IL
hrary and the general library with the
\ law library left in the capitol, wllera it
1 will be conve nent for the supreme
court lawyers who come 10 pes Moines
to consult it. The state librarian will
/ be- the head of the entire library and
lone man, as nov. viii have charge Of
the law department and another eSill he
IN charge Of the library proper in the
historical building The last legislature
appropriated $4,000 for the library and
historical department and merged the
| two boards. The law library receives a
Especial appropriation Of 5000. Another,
Injecting of The cofssiGated boar,i Will
4 be- held February ,, when all the de.
4 tails Of he consultation will be dis
| posed of. a committee consisting Of
! JUDGES Deenaer and Mccain wae ap-
| pointed to audit the accounts Of the
Estate librarian and the curator Of the
4 historical department previous 10 the
4 first Of the year. This is a preliminary
Ito the consolidation and disposal}uf the
funds available The consolidation will
give the new library in due time
abundance Of room and opportunity for
lawyers to consult The books under
more favorable auspices.
| John Il. Bancroft. one of the older
lrembers of the bar in Polk county died
Sunday morning at 10 O'clock at the
home OF his daughter in this city. Judge
/ Es,rcroft had come from Ohio to Des
/ N.oines in 1864 or 1861 when he was a
| comparatively young man and had been
constantly engaged in the practice of his
profession here. He was disposed 10
avoid publicity except in the line of his
/ profession and he was never seeker
/ cf office. Some years ago his friends
urged that he be appointed to place
/ on the district bench when there was a
Vacancy due q the promotion of Judge
Given, but he dselslad. Later when there
| was another Va acy he was urged to
| become candidate, but did not do so.
He was regarded as one of the most con-
4 scientious and high-nlinded lawyers in
the practice in pes Moines and essen
tally an old school gentleman. His
death was sudden and due to paralysis.
He leaves two sons and two daughters.
The winter meeting of the Upper Des