Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-12
Continuous Session Will Change
Many Old Rules in Appeal
Cases
A COURT OF VIGOROUS JUDGES
Insurance Companies Object to New
Policy Drafted by Attorney General
Which Prorates Losses Among soIv-
ent Companies AIone-Want Insured
to Lose lnsoIvent company's Share.
special to Times Republican.

Special to Times Republican.
Des Moines Nov. 12-The LAWYERS Of
the state. at the last term of the su-
preme court, were making many in
qulries about the time when the new
law In relation to the terms of court
shall be held goes into effect. They
realize that when that time comes there
must be a general revision of the rules
and regulations of the court as to prac-
| tice in appeal cases. 1t is expected that
the supreme court will then adapt itself
to the changed conditions by reverting
more nearly to the federal court prac-
tice under the common law. Some of
the rules in use in the federal court
under which innumerable delays
intent of the supreme court is to rear
range matters SO that there will be as
little opportunity for delay as possible.
The desire of the members of the court
is now, as 1t always has been, to get the
work brought up as nearly to date as
possible. The legislature has sought to
change the terms SO as to make this
possible. The personnel of the supreme
court at the present time encourages
the belief that the spirit of the law will
be lived up to. The court is younger
now than it has been for many years
and there is not one member but that is
in the prime of life and capable of great
mental and physical exertion. There
will be the biggest shaking up of the old
rules ever known when the terms COM
mence to come once each month and the
judges practically remain in session all
the time. Some of the lawyers who have
heen depending for many years on the
advice of Chris Jones, deputy clerk and
then clerk are wondering how they are
going to get along after he goes out OF
office. 1t is well known among the
members of the bar that Jones has been
a sort of free fountain of information
for many years in regard to supreme
court practice, and they have drawn on
MN with great regularity. Some or
them have been urging that after his
term of office has expired Jones set
himself up in business as speciai
counselor in regard to supreme court
matters. and that he become a sort or
general agent here at Des MONIES TOT
the attorneys of the state VINO nave
business in the supreme court. 1t mas
been forgotten by most persons that at
one time Chris Jones was a lawyer IN
1.-The active practice and that he had as
nartner Attorney General McJunkln,
one of the ablest lawyers of the state
twenty-five years ago. The members Oh
the supreme court will not promulgate
their new rules for some montns anu
give the lawyers of the state abundant
fine to prepare sor them AT the last
session of court some of the lawyers
fled papers indicating that they sup
nosed the new law had already gone
into force. The court will meet again
about the middle of December
Insurance companies doing business
in Iowa are not all taking kindly TO the
nav form of policy which has been pre-
nared by Attorney General Mullan and
Auditor Merriam. The chief objection
which some of the insurance agents are
urging against this policy is that 1t VIII
require the solvent companies alone TO
nav tha entire losses, whereas under
their present policies it is provided that
tba nro- rating of losses where several
nolicies are involved is to be with the
solvent and the insolvent companies
alike. State officials point out, howev-
err that this objection is not well found
ed for the Iowa law specifically forbids
the very thing that the insurance COM
NAMES are standing out for, and which
they regard as an essential element IN
their policies. They have the opinion
of Judge McVey, of this city, given be-
hat
in the Iowa law would not be held con-
stitutional. What his Judgment would
he if given from the bench is another
question. But the state auditor de-
clares his belief that the law would
stand with the supreme court and the
policies which have 1t would fail OF
their object. 1t is now anticipated that
several of the companies will refuse TO
adopt the new uniform policy, and that
there will be trouble with them unless
the new auditor is very firm and in
sistent.
Some of the newspapers of the state
have discovered that there is conflict
in the compulsory education law and
the law in regard to compulsory vac
cination. This is matter which was
met promptly and early by state ou-
perintendent Barrett He received in
quiries on this very subject early in the
game and realized that if there was in
fact conflict there 1t would be serious,
for there are many persons in the state
anxious to have some excuse for not
sending their children to school. But he
pointed out in a ruling made long ago,
and widely published, that the compul-
sorry education law does not specify
that the pupils shall attend public
school, but a school. They may attend
a private or parochial school, or they
may receive private instruction at home
by a tutor. Those who have conscien-
tious scruples against vaccination must
devise their own way of giving their