Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-01-13

hest showing at the last election, the
banner to the county making the best
relative gain over the majority of l9Vl
and the flag 10 the county making u
best actual gain. The banner is nSf
held by Monroe county repullica1
and there is no doubt that 1t vii. a e
so to that county. The flag Is nc !
possession of Jasper county ar
unofficial figures Indicated istt
would go to Harrison county, )ut oW :
ing TO the closeness of the figures ther"
NAV be a change on the off eial count.
The club will appoint committee WIN
Secretary of State Martin ut the head
to compute the result. The annual
club meeting will be held February s
when the presentation will be made to
the winning counties. Next year there
will be a big scramble in presidential
year for the banner and flag and pos
sibly the club will offer some extra
Inducements.
Some of the banks of the state do
ing business under the state laws are
likely to get into serious trouble unless
they come promptly to the front anu
change their names. The Twenty
first general assembly made provision
that all banks known as state banks
should have the word state incorpor-
ated in the bank name. and all savings
banks have the word savings" In the
name. In Iowa bank without the
word state" or savings or ma
tional" in it's name and style Is not an
incorporated bank and has no standing
in faw. Yet despite this it is found
that some banks have not incorpor-
nted the name state" or savings. A
Des Moines bank that was incorporated
before the new law and had continued
doing business as state bank with
out change Of name some time ago un-
dertook to execute a trust deed and
came near losing big deal because
lawyers In another state made induir-
les and found the bank had changed
Its name but had never flied the papers
with the state A number of banks
have done the same thing. But the
state auditor has written all of them
pointing out that they are doing busi-
ness Illegally. 1t appears. that this
matter was given no attention under
previous administrations.
The Iowa supreme court rendered a
decision in a case from Appanooss
county that. when rightly understood.
Will create ripple of interest among
the druggists of the state who have
become careless In the matter of their
handling liquors. A druggist had been
convicted Of Illegal sales of liquor OH
the ground that he had not required the
liquor purchasers at his store to fill
out complete the blanks which are fur
nished him These are statutory blanks
and the law Is mandatory that they
mnst be filed out by the liquor pur-
chaser. There are blank spaces fo-
the age of the purchaser. his exact
address aua OIL er Information. I:le
druggist followed very common Gus
tom of merely having the purchaser
sign his name, or name. and leaving
the other spaces all untouched The
court decided that this was not a COM
pliance with the law and sales made
under such circumstances are just rs
much in violation of the law as II the
druggist had no permit or sold to min
ors. A druggist can not be permitted
10 choose which part OF the statute
he will observe and which he shall ig
more.
In the same case, that OF the State vs..
Harris, the supreme court also touch
ed another interesting point. Objection
was made to the grand jury which re
turned the Indictment on the ground
that there was in the jury list the name
of person alleged not to have been
a resident of the town to which he
was accredited. The evidence was that
a deputy sheriff failed to find the man
in that town and one man who said
he voted there swore he never heard of
such man. The court held that this
was not sufficient as negative proof.
The fact that deputy sheriff fails to
find a man and prominent citizen
doesn't know the man hardly proves
that he is not in existence.
The supreme court finds that the new
rules and new system relieve the court
a little of the rush of attorneys at the
opening of the term. Not very many
We're present yesterday at the opening.
and the day was quiet. Chief Justice
Deemer presided at the meeting AMI
during the present year will direct the
destinies of the court There has been
no complaint about the new rules but
there has been much INJURY as to what
this or that rule means. The lawyers
are not overjoyed at the change but
they are making no great objections
and will join the court in giving 1t a
fair trial.