Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-26

going down the river now as at this
time last year, when there was barely
enough to form the ice for the ice COM
panies. The river is not frozen yet and
no ice has been cut. The same is true
elsewhere in the state. But students of
the crop situation say that the fact of
a large volume of water flowing in the
Iowa rivers at this time of the year
proves that the wetting which the state
got last summer has not disappeared. 1t
is, therefore, certain there will be abun-
dance of moisture in the spring for
farm work and the growing crops.
Senator Molsberry. of Columbus
Junction, who was in the city a few
days ago, was one of the attorneys in
the telephone case tried before Judge
Smyth wherein it was decided that
telephone line on farm is part of the
permanent fixtures of the farm. The
court in fact split up the case and de-
cided that part of the line in question
did not belong to the farm and part
did. Senator Molsberry says that the
case will be taken to the supreme court,
as 1t involves a grave question in rela-
ton to telephones. II the decision
stands then it will be necessary for
telephone promoters to secure contracts
with every farmer over whose lana
their lines cross and they will be put to
linterminable trouble. If the decision is
allowed to become the precedent in this
state then the value of every telephone
franchise will be deprecated in the
|state. 1t may also cause great compli-
cations in the matter of assessments.
The case was a remarkable one and
there were no precedents.
The bankers are making some prepa-
rations for the annual meeting of their
next year. Homer A. Miller of this
city, is the president and he predicts
that the convention will be good one.
An effort is being made TO secure the
attendance of some noted talent at the
meeting, such as ex-Secretary Lyman
j. Gage and Secretary Leslie NJ. Shaw.
AS the meeting will be held on the bor-
der Of Illinois number of bankers from
Rock Island and Moline will be present
and probably number of the financiers
from Chicago.
Warden Hunter, of he state Peniten-
tiary at Anamosa, reports that there
are few calls from counties for crusned
rcck from the state quarries at the pen
Iitenfiary for road making. Occasion
!aliy q county board orders feW car
Leads of rock, but the freight charges
are SO high that generally the effort 10
avail themselves of this opportunity to
secure stone is abandoned.
So
It is strange coincident that Judge
Holmes, of the Polk district bench, died
within three days of the anniversary OF
the death of his long time associate,
Judge Conrad. who died December "a
last year. When Judge Conrad dled
Governor Shaw was Immediately be-
seiged to make an appointment though
hagi,ad contemplated leaving It to MS
successor, then soon 10 be inause AZ
ed. He did in fact make the appoint
ment of Judge McVey within a few
days after the death of Judge Conrad,
and this appointment was so satisfac-
tory that the judge was nominated ana
elected to full term. Now Gov. Cum
minis is up against the proposition OF
picking a successor to Holmes on the
bench. Before his lifeless body was
cold announcements were made of cam
didates for the successor, and the
same newspapers which first carried
the news of Holmes death, discussed
freely his successor. There are a num-
ber of known candidates. 1t has been
thought the governor would try to in
duce Judge s. F. Prouty, who is to re-
tire from the bench next week, to ac-
cept an appointment and remain an
other year at least; but he had al
ready made arrangements for Eur
opean trip. and after that had expect
to devote himself assiduousiy to cap
turing a congressional nomination. He
may not be willing to remain on the
bench, though the position would last
only until the next election. One of the
most active candidates is Hugh Bren-
man, who was indorsed for the nomi-
nation last spring by the bar of the
east side. He was the only east side
candidate and it was felt there should
be of the four judges at least one from
the east side. There is this to be said
for Brennan, that he is a type of the
self-made man. He began his career
in Des Moines as a day laborer, coal
miner and drayman and teamster, and
while thus engaged, already a married
man, studied law and secured for him
self practice. He also raised a fam
lily of eleven children while practicing
law. Others considered are John Hal
loran. Crom Bowen, George r. Henry
and William Reed.
SHOT IN A BRAWL. !.
Two Soldiers Shot in Drunken Row in
AAsa aAo.a !