Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1903-02-19
NOTES FROM THE CAPITAL
Des Moines. Feb. is, 1903.

a u = .
Des Moines. Feb. is, 1904
The supreme court has rendered q
decision in the telephone case involv-
ng the right to the use of the streets
Ind alleys Of cities without a fran
.hise. The case was that OF Chamber
ain against the Iowa Telephone COM
pany, appealed from Judge Prouty OF
he Polk county court, which held
against the company's contention.
NOW the supreme court in long opin-
ON decides that the telephone COM
paly is right. The suit was to oust
the company from the streets of Des
Moines because it had no franchise,
he old franchise having been allowed
20 lapse, but the company answered
by pointing to general law Of the
state which gives telegraph and tele-
phone companies a right to occupy
all public highways" OF the state.
The court holds that this language re-
.ates to streets and alleys as well az
rural roads, and If this was not clear
when the law was passed it was made
clear when subsequent legislation was
enacted that in giving city councils
power to regulate telephone and tele-
graph companies only and not also the
power to exclude or admit them. The
court therefore reaches the conclu-
sion that the company has right to
he occupancy of the streets without
my permit or franchise from the city.
This decision affects every city In the
state and renders it unnecessary that
franchise should be asked for or OBJ
aimed. Telephone companies may go
INTO any city of the state and any num-
DER OF them set up in city without
asking the consent of anyone.
DR.. P. 0. Koto, state veterinarian,
visited herd of cattle owned by d. A.
Bennett, prominent stockman OF
Berkeley, Boone county, and found ser
ious ravages had been made In the
herd by ergotism. Mr. Bennett had
herd of 200 fine animals. OF these
about twenty had died and forty were
:ound sick by DR.. Koto. As the NAL
Idy is not contagious it was not neces-
sary to kill any animals. A change of
pasture and local conditions was
recommended. DR.. Koto was called to
Berkeley by the township trustees. 1t
appears the disease affecting Mr.. Ben
was feared 1t would spread among sur
rounding herds. Consequently the
township trustees asked an investiga-
ton. DR.. Koto diagnosed the disease
as ergotism without difficulty, as the
symptoms Of 1t are clear and he re-
Gently had occasion to investigate q
herd suffering from the same trouble
IN Pocahontas county. The disease is
caused by an excess of ergot in the
pasturage. 1t is said to exist in I'M
Usually large quantities in wild rye
This year, on account Of the wetness Of
the past season. The effect of con-
suming large amounts fit is to lit
orally dry up the blood of the animals.
The first symptoms are sloughing OF
Of the hoof and eXtremities of the
animal in which the blood supply Is
naturally slight.
Attorney General Mullan has rem
dered an opinion to Auditor Carroll on
two questions arising under the law
relative to exemption of soldiers prop
erty. The first is wherein the case of
an old soldier who has no property
but whose wife has some, but not
$4,000 in actual value, the deduction al
lowed the soldier can be made from his
wife's property. Mr.. Mullan holds
that If the property is the homestead
t is exempt up to the statutory limit
If $500, although the title is in the
wife. The second question is whether
In case the value of the combined pro-
perty of the soldier and his wife is
5000 or more the soldier would be
entitled to the exemption. 1t is held
by the attorney general that when
neither has property to the value of
$4,000, although the combined property
of the two exceed that amount, the
soldier is entitled to the statutory ex-
emption.
The contractors for the twenty-sev-
en- army post buildings that have been
let have been engaged all winter in
getting out brick, lumber, stone and
other material to be used in the con-
struction of the buildings. The work
accomplished this winter is a guaran-
tee against delays, except from bad
weather, when the building season OPP
ems in the spring, SO that it is thought
all of the buildings will be completed
early in the fall. Nine of the build
ings will be finished and ready to ac-
commodate a troop of cavalry. It Is
expected to commence work about
March Is. Arrangements have been
made to put about 200 mechanics on
The building work and to employ about
100 men on the grading and landscape
work. The army appropriation bill
now pending in congress carries an ad-
ditional allowance of about 100000
for buildings at Fort Des Moines.
Charles L. Dahlberg, secretary Of
the commission recently appointed by
Governor Cummins, for the organiza-
ton of the relief work in Iowa in be-
half of the starving Scandinavians,
and the other resident members of the
commission, including Ole o. Roe, C.
F. Wennerstrum and DR.. A. L. Frisbie,
mission to the state. The appeal en-
bodies the recent proclamation of the
governor and it makes a statement in
considerable detail of the serious ma
ture of the conditions in those districts
OF Sweden, Norway and Finland
where there has been a crop failure.
Secretary Dahlberg of the commission
said, following the preparation of the
appear, tAdL lie Hau no QOuDI Iowa
would respond literally. He conSid-
ers the reports as to the situation
among the suffering Scandinavians
have in no way been overdrawn.
MONEY FOR NATIONAL BANKS.
Bill to Lend Money Reported Favor
ably to Senate.
Washington, Feb. 1.-THE senate
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