Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-10-08
IOWA SUPREME COURT
Rules Governing Iowa Court
Under New System Will Be
Announced Soon
LAST TERM BEFORE CHANGE
Under the New System the Six Judges
Will He on Duty Practically All the
Time the Year Round-Another I'm
portant Reform in Court Methods Is
Suggested.
special to Times-Republican.

Special to Times Republican.
Des Moines, Oct. S.-The presen,
term Of the Iowa supreme court will be
the last that is held before the change
practically continuous sittings of the
six judges the year round, but special
term is usually held in December for
the consideration of cases submitted al
the October term and announcement of
decisions. but not for submission of ap-
pealed cases. 1t is expected that al this
December special meeting the court will
be able 10 announce definitely the rules
that will be laid down for governing
the court under the new system. Some
changes are necessary and the court
together with a bar committee, has
been considering these matters. Some
Legislation will also be asked to max
the code of Iowa conform in all respects
to the changed dconditions.One matter on
which all of the judges and practically
the entire bar is agreed, IS that there
should be an abolition OF the statutory
requiem ent for what is called an as
signmen of errors and that the law
yers who desire to appeal should be
required to make out straightforward
and simple statement of the reasons for
demanding a new trial and this should
form the basis of the appeal This
would be a big change from the old
form which has come down from the
musty traditions of English law courts.
.'The law should be changed In this
regard said Judge Ladd, of the SUI
preme bunch. '"The state of Iowa
should get away from many of the old
legal forms that are hindrance rather
than a help to the application or the
law, There is no sense or reason IN
having Al assignment of errors, yet 1t IS
required by statute and every lawyer
feels that he must set out at great
length tie Whole possible list OF err
ors comraitted Yet when 1t comes to
the appeal this assignment of errors Is
no aid to lawyers or the court. IL IS
necessarily ignored and the argument
Is on some special feature of the case
which the attorneys believe makes
new trial necessary. A case comes to
us with 100 or zoo assignments
of errors all set out in paragraphs mum
bered. ard the whole thing is worth
less. The law should be simplified.'
Attorney General Mullen expressed
substantially the same view OF the mat
ter and declared that the legislature
should make an end of the forms which
are now required but which have come
10 be meaningless. The tendency OF
the cour, at the present time is to
simplify matters as much as possible SO
as to expedite business.
Another form In court methods mas
,heen suggested, but it is perhaps not
vet ripe. and that is to have some
commissioner or other conlpeiehl PEI
SON. prepare the abstracts or supervise
their preparation in each county. anu
eliminate all that is redundant. SAVING
the supreme court much LABOR Ina
Yields nothing. An illustration Oh Inc
tangle into which the lawyers, Wheh
left alone get themselves. is shown IN
motion Just filed which VIII De SUP
mitted In few days In the case OF BEL
cher VS.. Hosea Ballou. This is case
of damages on account OF alienation OF
a u,iYa,s sffections The attorneys Iof
tho anneltant have moved to strike the
abstrart filed and affirm the judgment
80 sec,.e the attorneys for appellant
- ,,.Lin, nm abstract "manifestly for
tho nurpose of deceiving and misleading
thts oo,,rt They point out wherein
the abstract differs from the testmolly,
and declare that no amendment eouia
he made without changing the Whoie'
ond they add: "Appellee does not De
,iave thai it is the theory OF che Ia"
and practice that an appellee, al.ei
having won case fairly IN ,he u.eeii.'
oo,,,, sbpnld be compelled to ME- 10
.,at nronerly in the supreme court, ho'
onlv denial that the prepared ao-
etract furnished by appellant Is laii
and correct and complete, put aiso
should he to the expense OF making
~ ot;cally new abstract. Ihe sl.or-
,,a,.s ~ for appellee are Wright. Leech
q. witch, and for the appellant Johil
n ,ofYitt I. p. Ferguson, and Jamlson
9. Soy,h The case is from Cedar
county.
A big bunch of papers was ii,eu .as
evening in the celebratea easy ol 1s'..i'
Dovle IS. James +. Burns IRON, ~"
" watiamie county. Iha case NY
the division of mines owned ny en-
Portland company at Grippe sieeA'
~, tho roines which have made Burns
!, mi.lionaire so that he can aiioru Tue
lnxurv Of owning a baseball club. Ihs
naners flied at this time tell the stois
81 the case. Doyle knew Burns IN
Portland, Me. Burns went to Colorado
Springs in 1886. Doyle correspondee'
with Burns sisters. ard when Kate
Eurns w.snt to Colorado Springs he
went also and lived with the Burnss
Rurns and two others commenced TO
prospect in the Cripple Creek district
and then they took Doyle in with them
and an we're prospecting together
They loce ted a number of claims and
some Of them proved good. Burns
finally determined on shelving his part
ners and ne took possession. The Port
land Mining Company was organized
and took over his properties Doyle
-l,n - "a h.