Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-07-21
ly and when neither knew the others
The Debate Proper.

Inc MINUS 10 Guys Indebtedness. He
stated no one denies that city may
make waterworks levy of two mills,
for Instance, for as many years as it is
necessary to raise funds to build
plant, and. when they are raised build
it. 1t ought to be admitted, also, that
city may build the plant, then, to be-
gin with, and pledge the proceeds of
the levy for as many years as it will
require to raise the funds to nay for
the plant. This ought to be possible,
despite the provision of the constitu-
ton which says that city shall not
incur obligations in excess of per
cent of the taxable valuation of it's
property
For, said the speaker, in such case
the city would be acting merely as a
trustee and would not have incurred
debt within the meaning of the con-
stitution. This is the view of the Iowa
supreme court. 1t is the only theory
on which the present generation can
gain benefits from the taxes which it
establishment of municipal public util-
tiles
The Other Side.
William McNett combatted the idea.
Mr.. Jaques mad severely criticised the
federal court for rendering decisions
opposed TO the view held by the Iowa
supreme court. Mr.. McNett said he
would criticise neither for he, had no
doubt both had been conscientious He
thought the question was not whether
the constitution, was up to the times on
public utilities and municipal owner
ship. but whether the constitution
makers meant what they said. Their
language he thought could mot be
palmer. 4i i3SS rs yziSs -
Mr.. McNettFvigorously attacked this
judicial heresy known as the 'santicipa-
ton theory" He denied that tax levy
could be anticipated, if the limit of
debt were thereby exceeded. Other
wise, he said, there would be absolute
ly no limit whatever on municipal
debts If the decision of the Iowa SUI
preme court is followed out in this
state any community can proceed to
expend millions in any purpose for
which the statute authorizes tax and
cover UP the debt under the plea that
the court has construed it not to be a
debt.
The speaker asked the association if
there was any debt of city which it
lis not provided shall be paid from the
proceeds of tax. Yet the logical con-
iclusion of the theory of the supreme
court is that since special taxes are
levied to pay debts and their proceeds
are pledged thereto, the city thereby
relieves itself Of the constitutional lin
Iitation on it's debt 1t is reasoning in
ia circle, he thought The anticipation
theory" contemplates beautiful fic-
ton of law and OF fact-that city has
in hand money which may not be col
!lected from the taxpayers for forty
years. The constitution did not dis
tinguish between this kind of debt and
any other, except as to state debts on
ily.
The Morning Session.
After a strenuous morning session
| In which a majority OF the lawyers
present led by Judge Walter l.. Smith
Z of Council Bluffs. expressed themselves
as opposed to restricting marriages
! the Iowa State Bar association today
/ went on record as opposing the mar
| riage of mental, physical, or moral de
generates, but at the same time refus
ed to pass measure restricting mar
riages so that persons of weak and un
sound mind could not procure a Ii
ceuse.
Favor Marriage Restriction.
The matter was brought up by the
| law reform committee the report Of
! which was presented by Judge L. G
Kline. The committee reported fav
cring the restriction of marriag
/ license issuance so that the county
! clerk could refuse to issue a license
/ to any person whom he knew or be
lieved to be of weak and unsount
mind. Judge H. M. Remley of Ana
mosa was the author OF the measure
| and championed it, while it was oppos
Bluffs, Judge G. l. Nourse OF De.
Moines, Mr. Maybury of Centerville
/ George H. Woodson of Oskaloosa ant
other attorneys of the state association
Judge Walter l. Smith led the ppo
sition declaring that the great menace
to society is not from people living to
gether in marriage but from people liv
ing together outside of marriage ;ant
that any such measure of restriction
as proposed by Judge Remley would
/ lead to illegitimate unions If it pro
hibited the parties from living togeth
err legally. Judge Nourse of De.
Moines then spoke in favor OF restrict
ing physical, rather than mental dis
abilities and said if any thing should
be done it should be the appointment
of a medical commission to examine
the would-be bride and groom, physi
cally and stop physical degeneracy ant
mismatement.
Report of Committee.
The matter came IN in the report
of the law reform committee, signed by
Judge l.. G. Kline of Des Moines as
chairman The report was formulat.
ed some weeks ago and copies sent out
to members of the association, SO that
they had time to study the matter and
knew how to vote.
The complete report of the commit.
tee was as follows:
"-dr. Chairman and Members of the
State Bar Association: Gentlemen:
Your committee on law reform begs
leave to submit for your consideration
the following report of recomm enda..
ltions.
"FiTst-That section 1923 of the code
be amended by adding thereto the fol
lowing words, In all cases where the