Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-04-21
IOWA SUPREME COURT
Decisions in Many Important
Cases Expected at May
Term.
A Large Number Of Applications
for Rehearings to Be Acted
Upon.
The Homestead Case May Be
Opened Up Again - Few
Criminal Cases.
special to Times-Republican.

SD6Clal TO
Des Moines, April 21.-The session
of the Iowa supreme court which COM
of considerable interest. Only a few
| criminal cases have been put on the
other cases that take precedence. For
| instance, there is an unusually large
number of applications for rehearing on
cases that have been decided. One OF
the most important of these is the ia
nous Homestead case of this city. A
popularity about this is that nearly all
the parties at interest have petitioned
for reopening the case. The appllca-
| tion of Frank Dunning, one of the
stockholders in the Pierce Wallace
Publishing Company first applied for
a rehearing, claiming that his rights
had been entirely overlooked In the de-
| ciSon rendered last winter. S. F. Stew
art, the plaintiff on the case. filed an
application for rehearing about the
same time. or rather submitted draft
| OF O decree In the case covering several
points not touched in the original de-
cisicn and asked that the decree be
passed on in a supplemental decision,
barring which there should be a re-
| hearing. He submits that the court
only considered and passed on one Of
1.-THE questions at issue. ]. NJ. Pierce.
chief defendant in the case. also asks
| for a rehearing and objects to the de-
cree offered in the case. Under the cir
Ilcumstances with all the litigants dis
satisfied it would seem likely this case
| will be reopened, and the Homestead
| and other papers connected Herewith,
will not be sold right away.
"A rehearing has been asked In the
case from Cedar county involving the
identity Of names on a saloon consent
petition. It will be recalled that in this
case the, supreme court held that the
names on the petition must be ex-
actly the same as those which appear
on the poll books at the election. and
any variation will destroy the validity
lAof the signatures. In one case, for In
stance, the clerk at the election put a
voters name down on the book using
| a familiar nickname by which the man
was universally known. When the same
man signed his name to the petition he
used his initials. There was no doubt
about it being the same man and that
1t could easily be proved, but the su-
preme court held that no parole evi-
tdence could be taken to establish the
identity of signatures. The petition for
rehearing sets up the claim that the
| courts have generally held to the con-
trary and that middle initials are hard
| ly regarded as a part of the name le-
gally. The legislature considered at
length bill to set the supreme court
right on this question but failed TO get
1t on the statute books.
Among other petitions for rehearing
are the following: Porter VS.. Butter
field, Cedar county; Blair Medical
Company VS.. the United States Fidelity
and Guaranty Company, Linn county;
Armour VS.. Officer, Council Bluffs SUI
perior court: Nancy Allen VS.. Emma G.
Allen, Emmett county; Joseph M. Col
Ens VS.. e. and w. Collins, Winneshiek
county; Fitch VS.. Mason City & Clear
Lake Traction Company, Cerro Gordo
county; Hinkle VS.. Downing, Buchan-
an county; Meredith vs.. Board OF Su-
pervisors, Polk county; Armour Pack
| ing Company VS.. Des Moines Packing
Company, Polk county; Stewart VS..
Pierce, Polk county; Walquest VS.. Ma
| pie Grove Coal and Mining Company
Polk county; Cowles vs.. c., r. l. y r.
Railway Company, Iowa county; Ser
Wis VS.. Carter, Mahaska county: Bart
lett VS.. Boggs, Guthrie county; Talbot
| VS.. First National Bank. Woodbury.
county.
| Among the criminal cases appealed
| is that of Mox Wackernae.e from Tay-
lor county. He was convicted OF hog
stealing on circumstantial evidence
after a hard fought trial in which the
| best lawyers were employed Henry j.
Prins, who was convicted on second
| trial in Sioux county of forgery, asks
for another trial, largely on the ground
that some of the jurors had formed
opinions in advance. He was convicted
of forging names to fruit tree orders
Fred Perry, of Sioux City, asks for an
other trial. He was convicted of per-
iury in that he swore he was not at
certain place on a certain date when
others declare he was there.
l.. A. Manlove assistant agent of the
United States Express Company in Des
Moines, will go to Omaha the first of
next month to become manager there.
He has been in Des Moines about q
year, but has been with the United
states Company for twenty-four years
The fact indicates that the express
|companies are slow to make changes in
their employees when they are efficient
| The city agent of the company in Des
Moines has been with the company as
agent for forty -four years, nearly all
of the time in Des Moines. The gem
eral manager for this division has also
been with the company even longer
ELEPHANTS COME IN FLocks.
Paris Hunter Brings Back Big Story