Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-09-26
LOCAL COMMENT.


Judge Casweil's decision In the mat
ter OF the appeal of w. Il. Leech from
the assessment levy Of the city Tor
permanent improvement TO streets on
which property belonging TO the appel
land ahutts, has been the subject OF
general comment and interest. Judge
C,asweil has held that in the case IN
question the assessment was partially
il, excess of the benefits derived by the
Improvement, and as against one lot,
on Jerome street. the assessment Is de-
ried. Three assessments We're covered
in the one action on the part OF Mr..
I.eeeh, and in n OF the number relief
court. The city solicitor is not feeling
very badly over what some are at
tempting to declare is a victory for the
appellant. In a way 1t may be a vic
tory, for the assessment on one of the
parcels of land is at least temporarily
withheld. What the supreme court will
declare is, of course. only a matter OF
conjecture. The city is going TO deter
mine once and for all just how it stands
on the paving question. and in antici-
patton OF an appeal either way that the
case might go in the district court all
points that might possibly have n
bearin. on tbs and other cases were
brought up, SO h a there will be many
interesting questions for the supreme
court to determine. Judge Caswell does
rot attack the resolution OF the city
council in any way. but he does de-
clare that the council did not act In ac-
cordance with the resolution. In other
words. it did not take the action that It
resolved to do, and did not ascertain, in
this particular case. wla, the benefits
would be as a result OF the paving, and
assess accordingly. 1t Is a question
whether or not. even should the SUI
nreme court affirm the decision OF the
lower court. the appellant in this case
win be money ahead. According TO the
law he loses the advantage OF the
.seven-year plan of assessment, and the
on the money that he has to
pay in a lump sum. for the assessments
become due at once, providing the
waiver IS not signed at the proper time.
Then there are penalties that attach, /
per cent a month. and interest. so that
in order to save his property from tax
sale the amour must he paid. Attor-
neys' fees are also to be counted in.
and after all~it may prove cheaper IN
the end If Mr.. Leech had abided by
the assessment of the council.
Judge Caswell will be called upon
Tuesday morning to pass sentence upon
Fred A. Marson, who pleaded guilty
this week to the charge OF obtaining
money under false pretenses. The at
md ,san nthar r a..
the outcome of the Marson case, are
specializing on what the court will do.
Seven years is the maximum penalty
for the crime to which Marson has
pleaded guilty, and some are oe the
opinion that the statutes ought to be
changed in this particular case, In order
Marson might be pu where nc
would do no harm for a good long time.
There is NJ doubt but that Marson. or
Maison. as he went by when he pro
the Seminole Manufacturing
here last winter. and aaeead
several young men and business peo-
pie, is n of the most clever confidence
men in the country. He is worse than
for he operates among 4 re-
spectacle class of people, and chooses
as his victims young men who are at
able to afford to lose the amounts
that he secures from them. Marson uni
versally sails under the protection of
the church, and gains the confidence OF
his intended victims by Hypocrisy. II
the man had Yer shown a tendency to
after the law had held him
amenable for his crimes In the past,
there might be some excuse for lenien-
tl -. ~. --If - ~ lA
known to Marson. His past record
shows him to have been engaged in the
same kin of business after having
out of the nenttentiary less than
a week, and then after his tears and
.aloquence had cut down his sentence
two years to nine months. II
Judge Caswell sees fiji to give Marson
The limit of the law, thereby retiring