Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-11-06
CLARKE 5 MAJORITY
Everything Points Plainly to
His Selection as Speaker
Of the House
APPEAL TO SUPREME COURT
APPEAL TO SUPREME COURT
In the Cases Of Edward II. Hunter and
Michael brady, Fined for Contempt
Of court-Attitude of Government
by Injunction in Iowa May Be
Changed by Decision.
pecial to Times-kepubiican.

| Special to Times Republican.
pes Moines. Nov. 6.-The result OF
the ballotting and the make up OF the
Republican caucus OF the Iowa house
point plainly to the selection of George
w. Clarke as speaker of the house.
Mr.. Kendall, who was considered a
probable candidate, has been re-elect-
ed nv fine majority and Mr.. Temple.
who Is an avowed candidate. has
majority in his county tho 1t was cut
pretty deep Mr. Clarke has big
majority. He will come to the legisla-
ture with prestige of two terms In
which he played no inconsiderable part.
The candidacy of Mr.. Temple was en-
tirely dependent on the complexion OF
the republican caucus. III there was
to be a fight for control of the house
Mr.. Temple would be In 1t. Ii the
result has been such as to warrant
a belief that the opposition to Clarke
can gain control and organize the
house and elect all the minor offices
Mr.. Temples candidacy will soon be-
Icome active AS for Mr.. Temple him.
self ii may be said III justice to him
that his candidacy was not entirely of
his own making. Early in the game
he wrote TO Mr.. Clarke virtually pleds-
ling him support. but indicating that
he would not be bound II there was
pressure from the outside. He stated
that personally he was for Clarke and
in the absence of other considerations
would vote for him. Later he let II be
known that outside pressure from some
mysterious source had been applied and
he was being urged to come out as a
candidate for speaker. But those who
have looked over the list of members
say that there Is now no doubt that
Clarke will be able to make sure his
election and If there Is to be fight
I'o1i factional lines against him he will
win easily. The defeat OF several can
didates affects the result. 1t was re-
garded as certain that Temple could
rely on the votes OF members from
Mills, Decatur. Union, Cass, Crawford,
Des Moines, Ida Monona, Bremen,
Chickasaw. Cedar, Keokuk and Ma
haska. Defeats In these districts weak
other hand Clarke might have secured
support from republican members from
Washington, Shelby, Jackson, Poca-
hontas, O'Brien and Davis. counties.
However this may be 1t Is regarded as
pretty certain that the caucus will be
for Clarke. He will have many OF the
strongest men in the caucus, such as
Kendall OF Monroe, Robinson of EN-
met, Pritchard OF Wright. Cummings of
Marshall Wise of Black Hawk, Head of
Greene. Greeley Of Story Greene of
Madison, Calderwood OF Scott, Fien-
niken of Clayton, English and Teachout
of Polk, Freeman of Pottawattamie,
Hanna OF Kossuth, Hume Of Mitchell,
Shaffer of Fayette. Spaulding Of How
ard, Chassell Of Plymouth. Coburn of
Cherokee. Christensen of Hamilton,
Baker Of Tama, Weeks Of Guthrie, Hol-
lenbeek of Adair, Teter of Marion, and
Dashiell of Warren. It is assumed that
both the independent" or bolting re-
publicans, will go into the republican
caucus. In that case the member from
Hardin would probably be for Clarke
and the member from Worth against
him. Mr.. Temple would probably have
as a following, In case he determines
on going into the fight, several OF the
old members and number Of active
new ones, like Kennedy Of Lee. Sum
mers of Van Buren,. McClurkin of
Louisa Buchanan of Wapello, Bailey Of
Ringgold, Cobb of Taylor, Campbell OF
Fremont, Jones of Montgomery, Greg
ory OF Adams, Crosse OF Page. Garden
of Henry, Bealer and McAllister of
Linn. McNte of Benton, Bixby OF Del
aware. Conn of Butler and McCulloch
of Wayne. Mr.. Temple has given no
indication of his intentions since the
election.
An appeal has been taken to the Iowa
supreme court by Edward H. Hunter
and Michael brady In the cases in.
which they were fined for contempt of
court in that they had attempted to i'm
properly influence person on the jury
in damage case. The appeal is a GER
tiorari proceeding to inquire into the
authority OF the district court. The at
torneys in the case take the view that
when the men were formally accused
I.of contempt in that they had done Ger
tain things and they had made afYidav
it that they had not done anything of
the cort. that this ended the cases.
They hold that the court had no right
to take testimony to prove the accusa-
tions, but was in duty bound to accept
the denials as final. If there was any
further proceeding, it should be in the
nature of criminal prosecution. but
in contempt matters the court can only
take cognizance of what 1t sees or hears
or of which the court has personal
knowledge. II this view prevails 1t will
change the attitude of government by
injunction" in this state. The attor
neys also set UP plea that trial in the
manner followed here, by the court tax
ing direct notice of a charge which is in
fact a criminal charge. is in violation of
the constitution of Iowa and of the con-
stitution of the United States. This
again raises the question of how far a
court may 80 in Furnishing persons
without trial by jury. The arguments
! in the case before the supreme court
| will be watched with great interest.
The case in the lower court was heard
by Judge Given. ex chief justice. and