Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-02-01
TIE LEGISLATIVE GRIND
Both Houses Convened Again
Today and Took Up Routine
Work of the 9 sion
PROBLEM FOR TIL T. JUDICIARY
Is the Code Supplement : Law of tho
State So Far as u ss?-AHeots
Detail Of Legislative ck and Court
Prosedure-Many 81 sDoomed to
Early Deaths.

Special to Times-Republican.
Des Moines. Feb. both houses OF
the legislature met this afternoon and
commenced routine business and only
few bills were introduced.
The most difficult problem before the
judiciary committees of the Thirtietn
general assembly was developed at a
meeting Of the senate committee on
Saturday. The problem is one not on
ly Affecting the method of legislation IN
a large number OF cases at this s<s-
sion ard in future sessions. but also the
procedure in the courts Of the state. Is
the code supplement the law OF the
STATE 50 far as i, goss? Is it cosnne-
tent to rs,aaa! the acts Of the Twenty
seventh, Twenty ghth and Twerty-
ninth general assemblies without re-
ferring to thu code supplement?
The question arose when Senator
Whipp.e presented to the committee a
bill, which proposed TO repeal certain
portions of an act of thA Twenty ninth
general assembly. The Judiciary was
confronted with a question as 10
whether or not the prope,: reference
should he to the section of the code
supplement. Which is the law and
which sholcd be repealed in the case of
laws eplbciis,i in botho Members o!
the judiciary committe< turned to their
codes and record fc~ Information. They
found that thu lGs, legislature author-
izsd the code supplement. which was to
b. compilation of the laws OF the
state since the Issuance of the code
rropar. ar,d that 1t was intended to
cciify all these recent laws and add
them to the code. and that il was au-
tincrized and legailzsd and prepared
and approved by code commission
and a code editor. Plainly 1t was IN
tended that one who has the code ana
the code supplement Should be pos
sassed of all the law of the state. Blu,
the code supplement was neveE p1ssaJ
AMI approved by any leg;s! ifnre. save
aa II was donsdn ndragsss OF tts rr.ef,a. !.
ration. The code. on the other hand.
was prepared and then adopted section
by section in the legislature. Yet 1t Is
the code supplement that the courts
rsfer to and which IS authority in the
courts TODAY. Now which should be re-
ferred to in bins repeating portions OF
that which has been done the has,
three sessions:
The problem brought .orth spirited
discussion In the committee. but opin-
ion was so divided that 1t was deemed
best to refer 1t TO SUBJ committee ror
full investigation. and this was done.
Some of the bills make the reference
one way and others make 1t in the 9th
er. There is much need that the ques-
ton be settisd before the hard work of
the legislative sessions Is entered upon.
White the question affects the detail
OF legislation in the T.hirtieth general
assembly. 1t also affects the detail o.
court procedure In the state. There are
errors In the code supplement. gram.
matical and other errors. and espectai-
ly errors of punctuation. 1t is possi
tae that some OF these errors might be
of character to afTe,t procedurs un-
der the laws. Now which should the
follow. the code supplement.
or the acts of the general as
semblies? A case might easily arise
that would be quite embarrassing to
court or to the attorneys. Members OF
the senate judiciary COMMITTEES pointed
out that this is some hing that ought
TO be settled now. and they felt that
Senator W.mpple in raising the ques-
ton had done a real service to the
state.
AS usual the major portion of all the
bills that have gone into the legisla-
ture were sent to the judiciary COM
nittees These committees may be de-
rendad on to do a lot of hludgeonlng OF
thanktess task for the members of the
but somebody must do y.
fnr II al the bins introduces were put
ou. on the floor for general debate 1t
would make very long session. On
the other hand the judiciary commit
tees are generally very prompt to re-
ron; favorably the manv bills of APP
parently minor Importance that are
ieemad worthy of support because they
affect some phase of legal practice.
The railroad men OF She state appear
to be asking nothing OF the present leg
stature. one bill has been introduced
that they should fsel some interest IN.
This is hill to require a change in
the light signals at switches. The pres
snt signals are a red light for danger
or to indicate that the switch is open.