Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-07-16

N-SA'.cAi winch SOo 1917 ~ ~ ~ w 1e.A /
out foundation in law or fact, and yet
utterly destructive of the good name of
the dead and deaf to the humiliation
and property rights of the living, if the
court like us, could not be eloquent. do
you think you would be any the less
earnest than appellees' counsel are in
this effort to obtain rehearing to the
end that a judgment and decree might |
be handed down in conformity with a
proper construction of the law and
facts"
The supreme court of Iowa is accused
of enacting legislation. The opinion
creates a new rule of construction" it
is declared. and nothing like it ever
before found Judgement in text book or
decision and the opinion is one that
is born of a judicial freedom of inter-
probation that is nothing short of IL |
cense to interpret regardless Of rules or
former decisions Finally:
A resort is had to the judicial exercise
of legislative power, and the frame
work thus raised is clothed With the fall |
lacies of logic. We may have TO submit. |
but 1T will be with heads bowed in re- |
gret, that such an opinion is to be called
| judicial determination of the law and
facts
All this sarcasm. all this severity, thisl
| challenging of the Judgment of thel
/ court, is upon the question whether or
not law which went into effect more
| than fifty years ago related in any way
to what happened previous TO the pas
sage of the law. Extended quotatioas
| are made from text books and decisions
and the decision of judge Shiras is
| quoted in full in order that it may not
be said by any individual member Of
this court that he has not had the OPP
\ portunity of examining it. Lawyers
! and others who are not particularly M
| terested in this case Will be attracted
| by the manner in which the attorneys
/ become teachers of the learned judges
of the supreme court and give them var
i ious lessons. Sticking close to the claim
4 that the court has gone all wrong. the
attorneys discuss the duties of a court
and say:
I'VE believe the matter now is no
longer a question of authorities; they
are abundant and Overwhelming. 1t is
now a question of the ability of counsel
for appelees to point out the errors of
this court in matters of construction of
this statute. Neither is Ii a matter now
of the ability of individual members of
this court to see and appreciate these
errors 1t ia simply now a question OF
the disposition of the individual mem
bers of this court to correct a manifest
lis erroneous and mistaken construction
; put upon this statute. There are many
men who have the ability to know and
determine the right. bur lacking dis
position TO do the right they fall short
in performance. The Integrity of ju-
dicial decisions. like the rectltude of hui
man conduct depends upon the ability,
linked with a disposition 10 first deter
mine aud then follow a given path Of
duty. We have not lost our faith In the
individual members of this court pos
!, sessing the ability linked with the dispe-
sition TO correct the errors in this para
graph 3 AS this court sitain Judgment
upon the mistakes of others, we believe
, III, 10 broad and brave enough 70 correct
= ito own mistakes. and especially where
: the good name of the dead. the reputa-
q ton of the living and the right TO enjoy
"A lawful inheritance, depend upon this
breadth and bravery Of judicial deter
mination Whatever We may lack in
: ability. we hope your honors will give u!
). credit for possession of a wealth of dis
u position to aid the court all we can.
4
i. While from the foregoing 1T Will bs
i seen that there 10 a question Of con-
|. struction of law involved in the case
V there is also much stress laid on tht
: question OF evidence. and the attorneys
n for the defeated parties are quite asi ~
all sis'tent that the supreme court erred II
y this az in the matter of constituting IN.
/ law The defense Of the case was large
d ~ by contradicting witnesses. The cas-
! for the claimant to the property reatec
d on various rumors and much heafsa!
: evidence. There is a controversy over
n 1.-The evidence and the court is asked II
n review 1t more carefully. one Of the pc
q culiar transactions in the case, which in
!, dictate the romantic nature of the entir
: lease. was the execution of a deed b.
/, William Aston for l20 acres Of land Z
: William u. Aston, the reputed son Thi
q WAS many years ago. and at the time tn,
!. deed Vas executed William Aston re-
}. marked something which indicated j
: was a gift to the claimant. The deco
appears not to have been filed until aft
j er the death of William Aston.
g The concluding paragraph of the ar.
q gunlent has sting in the end. 1t IS:
..Appellees respectfully ask that the.
= be granted a rehearing and that tn
), matter be considered by ell of the JUICE
n OF the court
Nothing which has appeared in rece.l
: years in the documents of the sslprem
court has been quite so systematically Sc
=. we're on the supreme court. The oifens
ii of the two lawyers who We're recent,
II cited for contempt VAS mild in realit.
compared with this The argument /
n put in a pamphlet Of ia pages